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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33385
Experience:  Began practicing law in 1992
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I had tried to see if Dwayne was in as he helped me on

Customer Question

Hi - I had tried to see if Dwayne was in as he helped me on Saturday with a real estate problem - but if any lawyers in real estate are available - I'm certain they can help too! I am wondering about the statute of limitations piece. My neighbor advised me via email (because he had personal motives at the time about a creek we both have running through out property) that he was responsible for a eroding creek bed as he had not cleaned out storm debris from a storm several years prior. His first email to me was June 2014, storm was years before - I'm not sure anyone knows how many years before. The bazillionaire neighbor wrote me an email stating he was responsble for all this erosion and the fact that my 30 foot bridge was an issue (it's now a raft as the creek bed eroded so much that the 5 feet of solid land on each side that the DNR requires for bridge installation is now gone. All water. The neighbor wanted to do work on my land (again for his own purpose) but in writing told me the above and that he was resonsible and would fix everything. He told the DNR (and showed the DNR and several of us) how this debris created an "island" that made water flow erode the creek bed. It is in the DNR permit that he proposes all of this. Now that my Lake Michigan 200 feet of beach 4 acre property is flooded by this and has a 40 foot wide creek - he is blaming mother nature. Meanwhile I have a raft and water to cross to find Lake Michgan, was in a car accident last year rendering me disabled with a Traumatic Brain Injury, and have my neighbor now stating he will do nothing.
Dwayne your lawyer said there are statute of limitations I need to be concerned about but also "ongoing tort" that could help me. I need some counsel on this as I am trying to find a lawyer that will fight for me.
Submitted: 8 months ago.
Category: Real Estate Law
Customer: replied 8 months ago.
My question really is - how much time do you think I have to find a good lawyer given the statute of limitation, ongoing tort etc - find a powerhouse lawyer to start this (my neighbor will not want to go to court) and come on strong - with some of my personal limitations - the brain injury and other factors - will be a bit challenging in my state.
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 8 months ago.

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.

Expert:  Dwayne B. replied 8 months ago.

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.

Customer: replied 8 months ago.
Hi Dwayne - is this the same Dwayne from Saturday (i forget) that helped me with my Lake Michigan land - flooded creek courtesy of bazillionaire neighbor who first took responsibiltiy in writing by sending me and email? I'm Jerilyn - the woman who suffered a Traumatic Brain Injury 13 months this the same attorney?
Expert:  Dwayne B. replied 8 months ago.

Yes, this is the same one. If you notice, I mentioned the TBI above so you could see I remembered the conversation.

Customer: replied 8 months ago.
I started moving on the lawyer search right away this morning - as you may recall though - I'm to really look for a civil litigator and the neighbor who caused this damage sent me an email June 18 2014 stating there was damage, why (which he said was unaddressed storm debris from several years before his email in June 2014. It was brought to my attention in June 2014. I do not believe we may know when that storm was that he said was several years before.
Expert:  Dwayne B. replied 8 months ago.

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.

Expert:  Dwayne B. replied 8 months ago.

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.

Customer: replied 8 months ago.
I just want to get a tough lawyer and the contingency piece is hard to find. Everyone wants fees which I don't have. I will be contacting a very old acquantaince (25 years ago) with Quarles and Brady to start.
He's in tomorrow.
Customer: replied 8 months ago.
But the erosion became visible when he sent the email - June of 2014 - or shortly before that. - it's how many years from the event that caused the problem (the storm) given he didn't clean up the mess at the time of the storm?
Customer: replied 8 months ago.
I mean the statute of limitations is how many years from the event that caused the problem (the storm)? even if erosion started close to 2014 when the neighbor contacted me?
I have a helluva time finding your answers on the site - one has to bop up and down the page. Please forgive me
Expert:  Dwayne B. replied 8 months ago.

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.

Customer: replied 8 months ago.
Ok - THANK YOU AGAIN DWAYNE...........that is exactly what I will do ................i used Wisconsin' super lawyer listing which could be a paid dealie, and AVVO - to locate some - what source do you like to find talent? I have a dozen or more listed as civil litigators in Green Bay........would rather use a source that shows some reflection of skill given I'll need to do the retainer. This is my final question. (for today lol) my deepest gratitude and i certainly hope that your own family health issue this weekend is on the mend. Good wishes and gods blessing to you.........
Expert:  Dwayne B. replied 8 months ago.

I always use, 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.

Customer: replied 8 months ago.
got it...........take good care of the family. You are a very very kind and compassionate man! (not to mention a fabulous lawyer i wish i could hire!)
Expert:  Dwayne B. replied 8 months ago.

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.

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