Montague, Pittman & Varnado, P.A.

MPV Law Blog

The Importance of Good Advice

Wednesday, February 12, 2014

If you believe you have a legal claim against another party, it is important to file that claim in a timely manner.  Failing to file a claim within the statute of limitations could result in losing your rights to recovery.  A recent case on point involved a woman who incurred damage to her home due to a power surge.  The woman used a prepaid legal service that appointed her an attorney.  The lawyer failed to properly advise the client about the statute of limitations and its effect on her claim. The statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated. In civil law systems, similar provisions are typically part of the civil code or criminal code and are often known collectively as periods of prescription. Statutes of limitations vary depending on the nature of the claim.  Furthermore, the statute of limitations may be suspended or tolled by certain actions allowing the claimant more time to pursue his or her claim.   In this case, the plaintiff’s former attorney incorrectly informed her that the statute of limitations had run on the claim.  With the incorrect legal advice as a driving decision, the plaintiff entered into premature settlement with the defendant for a fraction of what she deserved.  
At Montague, Pittman, & Varnado, we value your claim as if it were our own.  We understand that timeliness is expected and deserved.  In your initial consultation, we will get the appropriate information to determine the amount of time we have to preserve your right of recovery.  As our client, you can trust that we will offer Hattiesburg attorneys that provide thought-out advice and will not leave you settling you claim for less than it is worth. 


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