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LawTalk
LawTalk, Attorney
Category: Personal Injury Law
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience.
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My wife had an auto accident about four years ago we have

Customer Question

my wife had an auto accident about four years ago we have been separated but remain married.the accident was not her fault and her injuries were fairly minor so we thought the other driver was at fault and admitted so.At the time my wife and I were going through relationship problems and she was unemployed she was a licensed hairdresser but since the accident she sustained a brain annurism and is now on disability. She had an attorney working on the case who has withdrawn because of her bothering him about the settlement I dont think he was aware of her mental condition and over reacted especially since the thing was allmost at conclusion. I have reunified with Diana and am attempting to help her with her affairs this thin happend about 25 days ago and the Lawyer made mention of some kind of 45 day limit can you help us please call mne or text me if so
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your issue. I am sorry to hear about your wife's situation.

May I ask, when the attorney was telling you about certain dates and limits, did he mention something called the Statute of Limitations?

Customer: replied 1 year ago.
he said we had 45 days and it's been about 25
Expert:  Legal-Kal replied 1 year ago.

Ok, thank you for that information.

The Statute of Limitations is the time frame in which a lawsuit must be filed (if the claim has not settled prior to the date). If no lawsuit is filed at the expiration of the Statute of Limitations, your wife's claim and her right to recovery would be forever lost.

In your wife's case, the Statute of Limitations is 5 years when the lawsuit is based on negligence (which is basis of car accident injuries). Thus, you will have 5 years from the date of the accident to either settle this claim with the insurance company, or if you cannot settle with the company, to file a lawsuit.

Since you said the accident happened 4 years ago and your former attorney told you you have "45 days," I am not sure if you are mistaken on the date of the accident as 4 years plus 45 days would be under 5 years. Nonetheless, the Statute of Limitations is an important rule of law that you must follow.

You have 5 years from the date of the accident to file a lawsuit if there is not settlement or your wife's claim will be forever lost.

I hope I have been helpful. Please let me know if you have any other questions I can answer.

If not, please remember to click ACCEPT and rate my assistance positively as I will not be credited for helping you until you do both of the above. Thank you!

Customer: replied 1 year ago.
listen she is finding the letter right now at home I am at the Library can you call her at(###) ###-####she can tell you the particulars
Expert:  Legal-Kal replied 1 year ago.

I'm sorry. I am unable to partake in phone calls. What I can do is "opt-out," thereby opening up the question to another expert who may be willing to make a phone call to better assist you.

This new expert will have access to everything discussed above so he or she will able to help you immediately.

Please wait a few minutes for a new expert. Thank you and good luck!

Customer: replied 1 year ago.
ok sounds good thank you
Expert:  LawTalk replied 1 year ago.

Good afternoon,

New Professional here. I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As you have asked for a phone call, I will offer you that and I will process that offer to you after I get this posted to your question thread.

After you accept my offer of the phone call, would you please provide a phone number for me to call? After you do that, please send me a quick Reply to let me know that you have posted the number, so I can call you.

Thanks in advance,

Doug

Customer: replied 1 year ago.
I just joined your service for 36 dollars is this fee additional because I think I will simply call injury help line
Expert:  LawTalk replied 1 year ago.

The fee of $52 was the amount I proposed for the phone call you said that you wanted. You are certainly not obligated to accept my offer, but accepting the offer allows me to be paid for making the call to you. I am not an employee of JustAnswer and I am not paid for simply helping you. For what it is worth, I have been an accident injury attorney for more than 30 years.

Doug

Customer: replied 1 year ago.
OK Doug can we do this but it will have to be wed as I need to be at home to speak with youy
Expert:  LawTalk replied 1 year ago.

That's file. Contact me Wednesday by responding again in this thread.

Doug