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What is my best next action? Do I need to file an appeal of my claim's dismissal?
Austin, TX
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Posted 2 months ago in Litigation
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July 13, 2007 I was involved in a car/bicycle accident. The driver's insurance denied my claim. A lawyer was unable to make headway. I file against the insurance company in small claims court June 19, 2009. At the pretrial hearing on August 20, 2009 I was notified that I had sued the wrong party and needed to sue the driver. The judge allowed me to file an amendment to my original claim in order to sue the driver. He was served on September 9. He responded, and I received a letter notifying me that my claim was dismissed "for lack of jurisdiction", because "the Plaintiff's claim is barred by the statute of limitations."
Answers (1)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 2 months ago.
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If you sued the driver after the statute of limitations expired your rights are extinguished.
The court does not have jurisdiction over the matter or the parties if the complaint was filed too late. No one online can know what is going on in your case because online we cannot find out any details. You need a lawyer. Check with another lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |
