There is little or nothing in the law that is delicate. The law is defined by rules, procedures and a history of decisions established on a case-by-case basis. There are strict deadlines established by law and, sometimes, prior legal precedents, which must be met by parties who wish to initiate a lawsuit or take some other type of legal action using the court system. These time limits are called prescriptions and are usually strictly interpreted by the courts. The law does not care if someone knows these deadlines, since the knowledge of them rests with the party that initiates a lawsuit. The reason for this strict interpretation is that the evidence to prove one’s case may no longer be available after a certain period of time, the defendant may have destroyed the evidence in their possession if it was not sued in a timely manner. , or you have been asked to retain the evidence, or witnesses who may testify, may have forgotten the facts, may have moved, may have become ill or may have died. For example, in Pennsylvania, if a person is injured, they generally have two (2) years to sue someone if one feels that the injury was the fault of a person, company, etc. Sometimes there are exceptions that delay, or charge, this period, for example, if you are a minor, your right to sue extends beyond 18 years. In contractual actions, the statute of limitations is generally four (4) years, but circumstances such as fraud can extend that period.
Despite these strict deadlines, I receive many calls each week from:
• people who have sat on their legal rights, despite knowing they had deadlines, and did not meet the deadlines to sue;
• people who say they do not know these deadlines and do not feel they should be held accountable for not meeting them;
• People who say they have been too busy to sue, or forgot, or took some other action that they thought they met but did not.
When people took some other action that they thought they met their deadlines, there seem to be similar scenarios. In the first scenario, people have spent a lot of time and energy discussing or writing about their problems with elected representatives of the federal, state, or municipal government, or with their family, friends, and neighbors. However, they never filed a lawsuit in a timely manner. They are often surprised to learn that they have lost their right to do so, because these contacts do not charge statute of limitations, even if elected representatives claim they are investigating your complaint or situation.
INCORRECT CONFIDENCE.
Often times, people go to court and talk to a clerk who takes the time to explain the legal process to them. They do it instead of consulting with an attorney. So they feel that the secretary is the source of meaningful knowledge and they tend to trust what the secretary told them, which may or may not be correct, and it is often misinterpreted and limited, even if it is correct. Even if an employee is understanding and agrees with them, it is far from what is necessary to prove the case. The information and / or advice of a secretary, if incorrect, cannot be the basis for imposing a statute, or even a lawsuit. INCORRECT CONFIDENCE.
Union members often rely on information provided by the union representative, who is generally not an attorney. However, the union representative’s advice is generally based on the terms of a collective bargaining agreement and often does not involve other types of legal action, such as civil rights. I have seen many people miss the filing deadlines required to preserve their rights under civil rights laws because they are waiting for a long union process to conclude, and their union representative did not discuss other possible remedies with them. I am not criticizing the union, but it is a good idea to consult an attorney to see if there are any other possible remedies. INCORRECT CONFIDENCE.
Many people feel that because they have discussed their case with an attorney, or left their paperwork with an attorney for review, this affects their statute of limitations. Unless the attorney has accepted the case and there is a written fee agreement signed by the attorney and the client, the attorney has no responsibility to initiate a lawsuit. Although an attorney is not supposed to decide at the last minute that they will not sue, to harm a person this happens frequently, so a person should follow up diligently with an attorney, especially if a few months have passed. no word from the attorney, or if the attorney does not answer your phone calls when they call about the status of your matter. INCORRECT CONFIDENCE.
Therefore, it is important to preserve one’s legal resources by consulting with an attorney or attorneys as soon as possible for advice on whether one has a potential claim or recourse. Trust in the wrong people should not be lost.