 |
 |
Don't let too much time slip by if you're thinking of filing a lawsuit. The longer you wait, the greater the risk that your suit will be barred by a statute of limitations.
Statutes of limitations set different time limits for filing different kinds of lawsuits. For example, actions to enforce a written contract might be governed by a six year statute of limitations, while petitions to challenge a will after admission to probate might be limited to 120 days.
If you file your lawsuit after its time limit has passed, your case will be over before it's begun. The court will dismiss it regardless of what the outcome would have been if you had sued in time.
Time limits also vary from state to state, so that a lawsuit that would be timely in one state might be time-barred in another. For example, with some significant exceptions, Washington gives you three years to file a personal injury lawsuit based upon allegations of negligence, while California generally only gives you one year, though here too there are exceptions depending on who is being sued.
States also disagree on when the limitations clock should start ticking. Depending on the type of lawsuit and the law in your state, the time period might begin to run either from the moment you were wronged or from the moment you discover that you were wronged.
So, if you think you have a legal case, talk to your lawyer right away. In addition to advising you about the relevant statute of limitations, your lawyer will help you determine whether you actually have suffered a legal wrong and whether that wrong is likely to have a legal remedy.
One State's Office of Consumer Protection has published its own "Top 10" category: the most troublesome consumer problems in that state. Here's the list, with some tips on how you might avoid these problems in your locale.
Timeshare lures. People often buy timesharing vacations on impulse. Be sure you are ready to go to the same place during the same period of time for years to come. If the timesharing resort (or condominium, or whatever) is not fully built, make sure all occupancy dates are in the contract. Play it safe-book your travel arrangements through a reliable agent or directly with travel carriers. Review the contract with your lawyer. High-pressure timeshare sales pitches have led to a federal law giving consumers some important protections. The Federal Interstate Land Sales Full Disclosure Act gives you the right, in some circumstances, to get out of a timeshare contract.
Health spa memberships. Most complaints center on high-pressure sales tactics. A year's membership can cost quite a bundle. Make sure you will use it. Also, get all promises in writing.
Door-to-door sales. Most state laws provide a three-day contract cooling-off period in which you can cancel purchases made in your home (Sometimes this only applies to credit purchases.) You do not have to give a reason, and there is usually no penalty. Federal law allows you to cancel almost any sale not made at a fixed place of business (examples are sales made at a motel or someone else's home.) Both state and federal laws require salespeople to give you details on the sale, including your right to cancel. Do your part-think before you sign.
Work-at-home schemes. Usually aimed at young mothers and the disabled, these schemes promise to help you, "Earn money in your spare time." They will ask you for $20 in "start-up" costs. What you will get is information about how to rip off someone else the way they just cheated you.
Mail-order rip offs. When shopping by mail, you are always taking a risk. When the offer sounds too good to be true, it probably is. According to federal law, you have to get most types of goods within 30 days or be offered a refund. You don't have to accept substitute goods. You don't have to pay for items marked "free sample."
"Bait and switch" tactics. The bait is an ad luring you with the promise of an unbeatable deal on a car or appliance. The switch occurs when the dealer doesn't have the advertised model and tries to talk you into a more expensive one. This is illegal in most states if the model was never available. Ask to see the model named in the ad. Don't be talked into a model you can't afford.
Free vacation offers. An example is the postcard saying you have won a "free vacation." Just call a toll-free number and "confirm" your credit card number. Later the vacation is not as free as you thought.
Furniture delivery delays. Do not take "ASAP" as a delivery date in a sales contract. Get an exact date. If the merchandise does not show up by that date, you may cancel.
Telephone solicitations. Always ask the caller to send written information. Also, determine your total obligation before agreeing to anything. Do not give your credit card information to strangers over the telephone.
Fly-by-night home repair contractors. Don't be pressured into having work done, and don't be lured by deals that are too good to be true. Get bids from several reputable contractors. Ask friends and neighbors to recommend contractors, and have the contractors provide references. Don't allow work to begin until there's a signed contract that contains a complete description of the work to be done and a breakdown of all the costs. Make only partial payment when you sign. Don't make the final payment until you're completely satisfied. Finally, don't allow the contractor to take a security interest or mortgage in your property without having your lawyer approve the contract.
Injured by an uninsured driver?
Coverage is available so you don't get hurt twice.
What would you do if you or your family were injured as a result of another party's careless driving? You would file a claim for medical bills and suffering. But what if the person at fault did not carry enough insurance? If the other party has little or no insurance, and no assets, it is up to you to protect your family.
You do so by having uninsured or underinsured coverage on your own automobile policy.
If you are injured by a negligent driver, their bodily injury coverage is available as compensation for damages caused. Many times, this coverage is insufficient to pay hospital and medical bills, reimbursement lost wages, or provide compensation for pain and suffering. Adequate underinsurance coverage may be the only thing to protect you from a huge financial loss.
Here is how it works. You are hit by a negligent driver with a $10,000 insurance policy and no assets. Your total damages are $50,000. If you have underinsured coverage, your own policy will pay you in addition to the negligent driver's policy.
How much coverage is enough? It is difficult to say. You don't know if you or your family members will ever be in an accident, the severity of the injuries, or how much insurance the other driver will have.
What is appropriate for you depends upon many factors, such as your other insurance protection and the value of your assets.
Repair loose steps and broken railings.
Cover holes in walkways and in yard areas.
Fix uneven walkways.
Install adequate lighting.
Clear walkways of ice and snow as soon as possible.
Be sure children do not leave toys on steps and walkways.
Replace throw rugs that slip or bunch up.
Reroute extension cords that stretch across traffic lanes.
Repair or replace frayed electrical cords.
Keep poisons and other hazards out of reach of children even if you don't have children.
Warn guests about icy conditions and other hazards.
Keep any guns securely locked and out of sight, where children cannot see them or gain access to them.
Remove nails from stored lumber; secure any lumber piles.
Don't leave ladders standing against the side of the house or garage.
Never use aluminum or metal ladders to perform electrical repair work.
Don't let children stand nearby when you mow the lawn.
Don't let your guests drive drunk or under the influence of drugs.
Anticipate safety problems and take reasonable steps to prevent harm before it occurs.
Restrain your pet.
Erect barriers to your swimming pool: an automatic pool cover or a tall fence with a good lock and an alarm on the sliding glass door from your home to the pool.
We are pleased to present this issue of our SGL Legal News-the official quarterly newsletter from The Law Offices of Steven G. Lingenbrink, P.S.
This newsletter has been developed specifically for you to give you the kind of information you need to function optimally in daily life.
We want to provide you with helpful tips and interesting facts about law and everyday situations that will keep you our clients for life.
Truly our deepest satisfaction comes from serving clients well and being stand-up members of the community we share.
And, speaking of sharing, please be aware of your right to refer our legal services to your friends, family members, and workplace associates.
Remember, we handle all types of personal injury claims.
Thank you for taking the time to consider using our legal services,
 |
 |
 |
 |
 |
 |
 |
 |
 |