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  1. #1
    Join Date
    Jul 2012
    Posts
    3

    Default How Long Do You Have to Claim Damages From Falling in a Store

    Here is what happened (short version of the story). I feel in JC Penny almost a year from now in NYC. My lawyer stated I should perform the surgery on my back as soon as possible to get things started and I did. I did have previous injury and case is closed, but this new injury just made it worse, hence I had performed an immediate surgery on my lower back. After couple of months from date of the surgery, my lawyer informs me he didn’t know JC Penny was foreign company after I signed the agreement papers with him. Now he refers me to a new law firm from one of friends who specialize in federal cases because he only deals with state cases. Also my lawyer states that I will receive my compensation directly from him expect the new law firm will only receive a partial payment as he mention that the case is easy buy needs someone with federal expertise. A few minutes later I get phone call from the new law firm that they will send some papers to be signed to get things started and they need copies of the old case that is closed to prove the new injuries made it worse and need my husband to signed on the new paper (which is kind of wired since my husband wasn’t involved in the new or old case). I have been waiting for 2 weeks almost for the new agreement papers to be mailed to me because I am not physically able to see the new lawyer and meet with in person and when I tried to contact my old lawyer he is untouchable and soonest I can see him is in 3 weeks from now. My questions are following…..
    Assuming my lawyer never opened my case to court or present in court. How long of a time frame I have the right to get compensation if I hired a completely new lawyer?
    Also how long does it take for a new lawyer to open a case in court and have claimed number?

    Please help with some advices on what to do or any ideas. Would greatly appreciate it. Thanks.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Long Do You Have to Claim Damages From Falling in a Store

    my lawyer informs me he didn’t know JC Penny was foreign company
    foreign to whom? They are based in Plano Texas USA.

    You have 3 years from the date of the injury to file a suit regardless how many attorneys you hire.

    Also how long does it take for a new lawyer to open a case in court and have claimed number?
    filing a complaint doesn't take any time to speak of.

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