Legal Question in Personal Injury in Illinois
statue of limitations expiring
Hello,
I was the not at fault passenger in a MVA in illinois. I am claiming ~ $75000.00 The statute of limitations for this claim is on the 14th of September 2005. What are my options for extending this action? Is it possible for me to pay a lawyer to extend this action for me?
Thanks,
Jason
2 Answers from Attorneys
Re: statue of limitations expiring
The short answer is NO. If you want to be sure to be protected from the statute of limitations expiring, file a law suit. In this day and time, insurance companies are forcing alot of cases to go to trial that would have been settled in years past. If you can do as well for yourself as a qualified trial lawyer can, you are a rare bird indeed! I understand that you don't want to pay to hire an attorney, but on the other hand, imagine what it will cost you if you botch up your (first) case rather than hiring experienced trial counsel.
Re: statue of limitations expiring
The statute of limitation is just that: a time limit for you to do you job or get of the pot. If you have not been able to come to terms with the insurance company in 2 years of negotiations, chances are you will never come to terms and your ONLY choice is to file a lawsuit. If your case is worth, as you claim, $75,000 you will most certainly, and you can quote me on that, lose on some technicality somewhere down the road. That is, so you can clearly understand, you will LOSE not because your claim is not strong enough, not because you were at fault, not because you were not injured but because there are a lot of rules you have to follow in order to be able to keep your lawsuit alive in court. Failure to do many things will result in you not being able, for example, get your doctor's opinion about your injury into evidence... and without evidence, you have no case.
If you plumbing burst and you have water all over your house, you will call a plumber. If the electricity goes out, you call an electrician. If your cable goes out, you call the cable guy. And when you need a lawsuit, you should call on a lawyer for help.
The ONLY strong encouragement I can impart with you is to GET A LAWYER. Otherwise, don't waste your time and money because even if you spend a penny on this lawsuit on your own, it is a penny you will lose.
I hope this helps,
Nima Taradji