Statute of Limitations and Other Lawsuit Questions

by Jane
(Chippewa Falls, WI)

I wanted to know if I have to settle my claim by the statute of limitation date or just start negotiations? Can I file an actual lawsuit myself (not just small claims court)? Should I send my medical records with my personal injury demand letter?

Visitor Question:
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ANSWER for "":

The statute of limitations, which is typically two years, is the time within which a lawsuit must be filed. Therefore, if you are still in the midst of negotiations and that two year time period is around the corner, you need to file the lawsuit in order to preserve your right to continue the settlement negotiations.

If you do NOT file the lawsuit, you will be precluded from settling in most cases due to the statute of limitations defense.

As to your second questions, you can always file a lawsuit yourself; This is called being "pro per." When you file however, discovery commences which can be complicated and you might want to have an attorney assisting you with that process.

As to your last questions, I always feel that it is a good idea to include all relevant documents WITH your demand letter, including but not limited to medical records, medical bills, police reports and any other proof you have.

While many insurance adjusters like to obtain this information on their own, my thought has always been that I would rather provide them with the information in one packet then forcing them to search for it.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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