Short Answer: Depends on the type of case. Long Answer: People sometimes contact me LATE in the game. I’m talking weeks before their statute of limitations runs. For some cases, like a car crash or slip and fall, a lawyer can get involved late. Other cases, like a medical malpractice or a nursing home case, a lawyer will turn down your case if its too close to the statute of limitations. This blog post discusses when to hire a lawyer and the timeframe involved.
Get A Lawyer As Soon As You Can
My preference is to always be involved from the get-go. I’m talking scene of the crash or right after my client was harmed. In this scenario I can control the narrative to an extent. I can make sure the insurance company isn’t taking advantage of my client. I can make sure they do the things they need to to in order to best protect themselves from insurance company abuse. So it you are reading this and thinking about hiring a personal injury lawyer make a phone call right now. Alternatively, if your case is “old” for lack of a better term it might not be too late.
What Is The Statute Of Limitations?
The Statute of Limitations is the timeframe in which you have to file a lawsuit. You need to hire a lawyer to effectively pursue a case. Most cases resolve without the necessity of a lawsuit. I’d say about 90%. The other 10% a lawsuit is necessary to keep the other side honest.
For a car crash case in Kentucky the Statute of Limitations is two years from the date of the crash or two years from the date of the last PIP payment. For a slip and fall or a dog bite the Statute of Limitations (SOL) is one year from the date of the incident. Medical Malpractice and Nursing Home cases usually have a one year SOL, but this can be extended if the injury wasn’t known about until later (think hardware left in a person post surgery). If you don’t file a lawsuit within the SOL the case is barred from prosecution.
Can I Hire A Lawyer Close To The Statute Of Limitations?
If a victim of medical malpractice calls me a few weeks before the SOL I turn down the case. I would prefer not to, but in order to pursue this type of case I need all of the medical records to send to an expert for review. That takes time to facilitate. If I do not have the information in time it will cause me a LOT of problems aka get me sued. If you wait on your malpractice case it can drastically alter your ability to get a competent lawyer. My advice on these cases is to hire a lawyer ASAP after the injury.
On the other hand it is relatively easy to file a lawsuit on a car crash case IF I have information on the other driver and insurance companies. That does not mean I like filing lawsuits late in the game. It just means it is more possible than in other types of cases to hire a lawyer. Waiting in this scenario doesn’t destroy your case as much as it does with malpractice or nursing home cases. That said, it is up to the lawyer whether or not to get involved. The more complicated the case the less likely you are going to find a lawyer to pursue last minute.
Consultations at any personal injury law firm should be free. And it does not hurt to call. For follow up questions I am available at 502-779-9998 or bdettman@dettmanlawgroup.com
