Real Estate Law
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
I'm here and I responded to the other question, but I'll ask them to close it so you don't have multiple questions open.
It's impossible for us to tell you how long you have to find a lawyer. First, that requires the rendering of legal advice which we don't do on here because there is no attorney client relationship and because we can't have all of the facts that are involved.
However, I do remember your facts and you must move a quickly as possible. Since the acts that created the issue occurred farther back than the actual statute of limitations, and thus would normally be barred, the things we discussed such as your TBI can serve to extend the statute of limitations but the judge will consider how long it has been since you discovered that you had a cause of action and the longer you wait the less chance of them allowing the case.
Yes, this is the same one. If you notice, I mentioned the TBI above so you could see I remembered the conversation.
You can get an expert that will research the storm and give you a date as to which one it most likely was. As I mentioned in the other discussion, this case will revolve around the experts.
In addition, if the other side can't prove when the storm was, then that makes it harder for them to get the case dismissed based on the statute of limitations. The burden to prove when the storm occurred will be on them.
WI has a strange law concerning the statute of limitations. The time limit is either 3 or 6 years, depending on the exact facts. That would, usually, be from the time the act occurred.
However, as I explained the other day, there are a number of things that can extend the statute of limitations. One of these is what is known as the "discovery rule". That means the time limit starts running from the date you "discovered" the harm or from the date the harm should have been discovered by a reasonable person.
At this point my suggestion is just to get a lawyer that does civil litigation and don't worry about how tough they are. You can always change lawyers later if they aren't up to your standards, but get a lawyer who will file the suit and make the arguments for why the statute of limitations doesn't apply. At this point getting the suit filed, correctly, is more important than anything else.
I always use lawyers.com, I'm not a big fan of Avvo. Then it's just a matter of talking to them and finding out which ones you like.
Thanks for the kind words!
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.