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Stat of limitations is up on feb 6 for claim on injuries from a car accident. need 2 no hw lng it takes a lawyer 2 file suit

Greeneville, TN |

its sunday the 3rd which means that i have mon,and tues, to figure this out. does the sol include the 6th or is it up the day after? if the ins company has med bills and is crunching numbers still after the sol is up does this mean i get nothing. or is negoiating within limits?

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Attorney answers 4


You like cutting it close. If you can't find a lawyer to file last minute, file it yourself to preserve the case, and then retain a local personal injury lawyer to pursue this claim.

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If you can find a lawyer who believes in you and your case they should be able to get suit filed in a day. If you cannot find a willing attorney and you absolutely believe in your claim file yourself and find a lawyer after. Call the courthouse and ask for help if you get confused. Someone will guide you in the right direction. Good luck.

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Where an accident has taken place on the sixth (6th) of a given month, you correctly observe that in counting off the years, the year mark ends on the fifth. I have heard it said that courts allow "one-extra-day" to the date of the event but I have never seen such a case. Instead of wasting time looking for that answer, spend every second of every minute of every hour trying to find someone to file the case, or as a last resort, and only as a last resort, file it on the fifth (5th).

Here's more on the statute of limitations: [Blue Link Below:]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


You should not include the 6th in your calculation. If you leave out a defendant or sue the wrong person - there may be huge problems later. Get to a lawyer NOW. If they agree to take your case, they should be able to get the complaint drafted and filed immediately afeter you have retained them. Make sure you bring the police report and any other documentation you have to their office to make sure there is no further delay.

Law is state-specific and laws may vary from state to state. You should consult an attorney in your state for specific legal advice. This answer does not establish an attorney-client relationship.

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