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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100048
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely I am looking in preserving a date to eventually file a lawsuit on

Customer Question

Hi Ely
I am looking for assistance in preserving a date to eventually file a lawsuit on what i believe was a wrongful death for my sister I dont have a lawyer and her one year death will on 08/05/15 and I need more time to find a lawyer
Submitted: 1 year ago.
Category: Legal
Expert:  dylatess replied 1 year ago.
The statute of limitations for wrongful death actions are strictly enforced. That is, it is one year from the date of your loss with no exceptions. And if you file after 8/5, the defendant will file what is known as a demurrer to have your case dismissed. Accordingly, if you cannot find an attorney ASAP, get a typing service or paralegal to file the complaint in your name to protect the date as you can always get an attorney to take over the case once it is filed.
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
With all respect to my colleague, I respectfully ***** ***** his assessment of this scenario. It is too conclusive to state that statutes of limitations can not be tolled - it depends on the jurisdiction and the cause of action. Furthermore, many jurisdictions disallow paralegals or "typing services" to draft pleadings for customers - this may be seen as unauthorized practice of law.
Finally, many courts require a Motion for Leave to Amend which may not be allowed once a pleading is filed.
To answer thoroughly, I need to know:
1) WHAT STATE DID THIS HAPPEN IN?
2) PLEASE EXPLAIN BRIEFLY WHAT HAPPENED? In other words, was this a medical mistake, an accident, etc?
3) WOULD YOU LIKE ME TO HELP YOU FIND AN EXAMPLE OF A PLEADING?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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