Sometimes you may need to catch up before the SOL.
Depending upon the type of case, how busy the lawyer is, and how far from court the law office is, it is possible a lawsuit can be filed the within hours. The more advance notice the atty has, the better the lawsuit that may be drafted. Filing a minimum legally proper one on time is important. That buys time. before serving the deft, the original lawsuit can be amended once without getting the judge's permission.
Sometimes, and most lawyers really don't like to do this, it is necessary to slam together a complaint and get it filed before the deadline... we attorneys can probably get something semi-intelligible down on paper and filed in an hour or two... than said, there are some situations in personal injury for which weeks are spent drafting the complex complaint against several defendants including public entities, employers, drivers, etc... The more time the better, of course... but the law is very liberal about allowing amendments to complaints so fixes can usually be made later... certain restrictions and limitations apply. one should always check with a local personal injury attorney for availability, pricing, and mileage.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
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** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Waiting to the last minute to file your claim is not advisable. For most attorneys, it raises red flags when this happens. Why? because there is often not proper time to investigate the fact surrounding the accident, interview witnesses, examine the area where the accident occurred, etc.. Most personal injury attorneys take cases on contingency contracts, so what do you mean by "catch up before the SOL"?
You may be asking the wrong question. drafting a petition usually involves a lawyer making changes to a form and throwing in some facts. Finding a lawyer who is willing to drop everything and do it, then follow up on getting the other party timely served with it may be the real problem you have. When you wait until the last minute to get a lawyer involved you create a whole new set of issues the lawyer must address. The law in Texas and many states requires that the individual be personally served. This can be hard to do if he/she has moved or is dodging service. While you can file within the statute and then serve the person after the persiod has run, it is subject to a requirement that the lawyer exercise due diligence to serve the person. Becuase the is no precise definition of "due diligence," your lawyer may have to prove that vague fact to a jury or face having the case dismissed.
Thus, while a lawsuit can be filed on short notice, it does not mean it will be easy to find a lawyer who wants to do it. The better thing to do is to not wait until the last minute to get a lawyer.
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