Critical deadlines apply in every legal matter. The classic deadline is the statute of limitations. This statute determines the last date in which you can take legal action before a legal claim expires. Another essential deadline is the summons response time. When someone files suit against you, you must respond within the time prescribed by law to avoid a default judgment. The applicable statute of limitations varies depending on the nature of the claim (e.g., negligence, slander, wrongful death, etc.) and the nature of the defendant (e.g., professional, government agency, guaranty association, etc.). It is not infrequent to see a case with multiple statutes of limitations. Determining the appropriate statute of limitations date can be difficult, even for an experienced attorney. The deadline could be nearer than you think. Some statutes require suit to be filed or the defendant to be placed on notice in less than 30 days. Pre-suit notice and suit filing deadlines can also be imposed by a contract. While contractual limitation dates are often deemed unenforceable, there are exceptions, so it’s important to check the language of any applicable contract.
Advise. If you are not a client of this firm, then all discussions with you are merely for us to become informed about your case and you accept the risk that anything we say may be un-researched and un-informed. You are not a client of this firm unless and until you have signed a written fee agreement with us, separate and apart from this document. We cannot and will not render legal advice to you without thorough inquiry into your facts (which occurs only if you are our client). If we accept your case, we will promptly investigate the relevant critical deadlines and enter them on our calendar. Otherwise, we will not provide you with the relevant statute of limitation(s) or any other critical deadline(s). After our meeting, you should seek out this information immediately, preferably by contacting another law firm. Please note that you will know whether we accepted your case because you will enter into another written agreement with us; until that time, we do not represent you and you should seek other legal counsel and advice immediately. Moreover, we will not take any original documents from you at any time.
Disputes. An attorney of this firm will only meet with you if you agree that any disputes between you and this firm will be resolved by a non-jury trial. That means, if you sue this firm, you give up the right to a jury trial and agree that any trial of the dispute will be handled only by a judge. This waiver of a jury trial applies whether or not the disputes, claims or controversies are based on events that have already occurred or will occur in the future. You also agree that venue is proper only in Gainesville, Florida. That means that, if you sue this firm, you must do it in a court located in Gainesville, Florida, regardless of where you happen to be living at the time. The law firm’s consideration for this waiver is its agreement to meet with you. That means, in exchange for our agreement to meet with you to discuss your legal matter, you agree to give up your right to a jury trial in any law suit between us.
Scope. We will only be speaking with you for a very short period of time; too short to review all facts applicable to your case, fully investigate your claims and review all relevant documentation. As such, we will not be rendering any legal advice upon which you should rely, cannot provide you with “all legal options”, and will not opine as to whether you have a viable cause of action. If we accept your case, we will then (and only then) render legal advice upon which you may rely. By speaking with us, you agree not to rely upon the discussion as if it were legal advice and/or depend upon any communications between you and any member/employee of our firm. To ensure compliance with Treasury Regulations, any tax discussions are not intended to be used, and cannot be used by anyone, for the purpose of avoiding penalties imposed by the Internal Revenue Code or for any other tax matter.
Injuries Available In A Personal Injury Lawsuit
Personal injury actions are more complex than people think. Lawyers can assist in the complexities of dealing with these claims. Contact our Gaiensville lawyers today.
Michael Massey, Esq.