How fast it can be to file a personal injury lawsuit?

Asked almost 2 years ago - Altadena, CA

Sometimes you may need to catch up before the SOL.

Attorney answers (8)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . A lawyer can draft a complaint in a half hour, and walk over to the court house and file it. For example, my office is a half block from the court house for this reason.

  2. Robert Bruce Kopelson

    Contributor Level 20

    17

    Lawyers agree

    Answered . 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.

  3. Andrew Daniel Myers

    Contributor Level 20

    15

    Lawyers agree

    Answered . Statutes of limitation are nothing to take lightly. Retain an attorney right away, make an appointment ASAP or sooner. The direct answer to your question depends on the type of case. Here is more on statutes of limitation: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . same day

  5. Paul J Molinaro

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    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."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  6. Philip Clark Alexander

    Contributor Level 3

    6

    Lawyers agree

    Answered . A lawsuit can be filed the same day you meet with an attorney if necessary due to statute of limitations issues.

  7. Stacy E Pepper

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . 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"?

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more
  8. Paul Hilmon Cannon

    Contributor Level 13

    5

    Lawyers agree

    1

    Answered . 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.

One or more answers have been taken down.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury lawsuits

Personal injury lawsuits allow an injured person to seek compensation for the injury, either by court decision or through a settlement.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,186 answers this week

2,868 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,186 answers this week

2,868 attorneys answering