time frame to file a lawsuit

What is the name of your state (only U.S. law)? Georgia

I have all of the medical records, itemized statements as well as loss of income records. Approximately how long will it take for an attorney to file a lawsuit once he has all this information in hand?

gdog said:

What is the name of your state (only U.S. law)? Georgia

I have all of the medical records, itemized statements as well as loss of income records. Approximately how long will it take for an attorney to file a lawsuit once he has all this information in hand?

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The actual filing normally takes place shortly before the statute of limitations expires. Before that, it is hoped to negotiate a settlement.

To answer your question, it's possible to file within a week. Even faster if a deadline is approaching.

Thanks for the reply. The deadline is approaching inside 30 days. I have been preparing a demand letter for the last 2 days. Hopefully sending it tomorrow for next day delivery, which will be Monday, I quess. I was talking with someone today that told me I did not have the time to send a demand letter, just to go ahead and file a lawsuit. My medicals and loss of income are almost as much as the persons coverage, which is the minimum for Georgia. So I won't be negotiating. Thanks again!

gdog said:

Thanks for the reply. The deadline is approaching inside 30 days. I have been preparing a demand letter for the last 2 days. Hopefully sending it tomorrow for next day delivery, which will be Monday, I quess. I was talking with someone today that told me I did not have the time to send a demand letter, just to go ahead and file a lawsuit. My medicals and loss of income are almost as much as the persons coverage, which is the minimum for Georgia. So I want be negotiating. Thanks again!

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You don't have time for the "negotiation" process. File the suit and go from there. You can negotiate afterwards...

Zigner said:

You don't have time for the "negotiation" process. File the suit and go from there. You can negotiate afterwards...

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Yea, that is what I stated above, that I would NOT be negotiating. I do want to give the Insurance company time to look over the claim and respond. But there will be a deadline, and I mean a very slim one at that. That was the reason for the original question. Thanks!

No that is not what you stated. You didn't state you did not want to, you didn't say won't be, you said "want be". Vague. I read it at first as though you wanted to negotiate, as apparently did others.

gdog said:

I do want to give the Insurance company time to look over the claim and respond.

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That is very admirable of you, but the insurance company will not play nice. Beware of them stalling so that you miss the statute of limitations.

I'm with Zigner, I'd just file the suit now. It will probably get the ball rolling much quicker.

Update

gdog said:

Thanks for the reply. The deadline is approaching inside 30 days. I have been preparing a demand letter for the last 2 days. Hopefully sending it tomorrow for next day delivery, which will be Monday, I quess. I was talking with someone today that told me I did not have the time to send a demand letter, just to go ahead and file a lawsuit. My medicals and loss of income are almost as much as the persons coverage, which is the minimum for Georgia. So I won't be negotiating. Thanks again!

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It don't look like I will need to file a lawsuit after all. The insurance co. called this morning and offered to settle for the maximum amount of the minimum coverage. I do carry UIM coverage so I called to inform my insurance co. of the settlement offer. I had already sent them a package to be reviewing, so from this point on, do I deal directly with my insurance co. or do I deal with both insurance co's now?

Until you get the money you'll have to keep dealing with them (both of them).

ecmst12 said:

Until you get the money you'll have to keep dealing with them (both of them).

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Thanks ecmst12,

Your right, I don't have the money yet. I hope everything goes smooth, but you never know. I have less than 3 weeks before the SOL runs out. I have given my insurance co. a timeline to buy out this claim or I'm going to settle with the tortfeaser's insurance co.. Don't have much choice at this point, time wise. Am I going about this in the correct manner or should I do anything different?

Thanks in Advance!

AlmostALawyer said:

That is very admirable of you, but the insurance company will not play nice. Beware of them stalling so that you miss the statute of limitations.

I'm with Zigner, I'd just file the suit now. It will probably get the ball rolling much quicker.

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I agree with this advice. Unless you have payment in hand, you should file the lawsuit.

You can file the lawsuit now to protect yourself from the SOL. With only three weeks to go, you can file now and wait to serve the other side. If you get payment, do not serve and do not proceed with the lawsuit.

If they drag their feet, you serve them with a lawsuit that was filed timely.

Another question

As stated above, the tortfeaser's insurance has offered to settle for the policy limits amount, and I have sent them a letter of acceptance, contingent upon the concurrence of my UIM insurance carriers. I have also notified my insurance companies that I will be accepting the policy limits offer unless otherwise directed by them. I know I have to settle with the tortfeaser's insurance company before the SOL runs out. Do I need to settle with my UIM carriers prior to the SOL as well? Thanks!

The SOL for a UM/UIM claim is the same as for a regular personal injury claim. I hope this wasn't the first notification you sent them of your claim. You'd better get that adjuster on the phone monday.