Wrongful Death Filing? Negligence? Falsification of Medical Records?

Asked almost 2 years ago - Baltimore, MD

After meeting with an attorney for consultation if it is determined that I have a case based on the review of evidence that I provide, how long does it take for the attorney to file a lawsuit with the courts. I do not currently have an attorney, but the statute of limitations expire in April of 2013. Based on researching the Internet I understand that the discovery and court proceedings process takes a while. But I would like to know how long it will take for an attorney to file the lawsuit with the courts once they have determined at the consultation meeting that you have a case. Just want to ask the right questions when I do seek an attorney. I understand that the site if for informational purposes only. Thx, Roger

Attorney answers (4)

  1. James M. Osak

    Contributor Level 15

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    Best Answer
    chosen by asker

    Answered . According to you the statute of limitations
    expire in April, 2013 . . . that's when you
    MUST file your lawsuit. Until then . . . your
    attorney may investigate to determine how
    to proceed . . . if at all. I would give him a
    deadline sometime in the fall (2012) to file
    or get another attorney to file. Your case
    may have some problems and not be as easy
    as you may think. Every case has its own
    merits. Good luck!

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more
  2. Joseph Jonathan Brophy

    Contributor Level 19

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    Answered . It's usually not possible to determine at a consultation meeting if there is a viable claim. Investigating a medical malpractice claim can take months. Drafting a complaint and filing an action takes a couple of hours at most. The discovery and court process takes years.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  3. Robert Don Fink

    Pro

    Contributor Level 16

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    Lawyers agree

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    Answered . The investigation of a medical case can take awhile. You indicate that the statute of limitations expires in April of 2013, so according to your information, that is when he MUST have it filed it. However, it should not take that long to investigate. Speak with your lawyer, find out what is going on, what he is doing to investigate and when he/she plans to file. I am not licensed in your state, but many states make plaintiff jump through a number of hoops before they are able to file and sustain a case, so it could be your lawyer is address some of those issues. Make sure that if you have questions or concerns that express them to your lawyer... he can’t address them if he doesn’t know about them. If you are not comfortable with the responses you get, you may consider finding someone else who you are more comfortable with... but first things first... call your lawyer and have an honest conversation with him/her. Good luck.

  4. Howard Robert Roitman

    Pro

    Contributor Level 16

    3

    Lawyers agree

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    Answered . See a good local lawyer right away

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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