Filing Deadlines

  A sad moment for lawyer and client occurs when it becomes clear that a Statute of Limitations deadline has passed. Statute of Limitations deadlines are legal time limits which control when lawsuits must be filed. If the lawsuit is not filed before the passage of the Statute of Limitations deadline, it will be subject to dismissal by the court. It is, therefore, extremely important that you find out the deadline for your case and keep it in mind when negotiating.

   The Statutes of Limitation vary from state to state and occasionally they are changed by the legislature. Here is a list of the deadlines for negligence cases as of the date of this web page, along with the statute citations. To be sure of your deadline you should contact us.

   You should consult an attorney in your state if you fear that the Statute of Limitations has passed in your case. There are some exceptions which you may need to be aware of. For example, generally, minors have two years from the date they reach their 18th birthday to file, although, again, this varies from state to state.

   For obvious injuries, like those resulting from car accidents, the time period begins when the injury occurs. However, different deadlines apply to certain kinds of cases. For example, in medical malpractice cases, in most states the time begins on the date you first discovered or should have discovered the malpractice. It is a good idea to start the suit within two years from the alleged malpractice since this may be the date on which you should have discovered it.

   One of the worst types of calls a P.I. attorney can get is when a potential client calls and says he was badly injured and the statute of limitations runs out next week, or tomorrow! A busy attorney will often decline to take such a case because he does not want to take the risk that the suit cannot be filed on time, or that he will have to file a suit before he knows if there are actual grounds for filing.

   Learn your deadline as soon as you can and mark it on all of your calendars. If you delay hiring an attorney, be sure to contact one at least a month before the deadline. Or better yet contact us and we will get on it for you.

The law Offices of 
Fred J. Fleming
3701 Wilshire blvd. Suite 410
Los Angeles, CA 90010
1-800-882-5500

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