Legal Consequences of Missing Statute of Limitations
Missing Statute of Limitations
I’m Mike Ashworth, a personal injury attorney in Tulsa. Today we’re going to talk about the phone call you don’t want to get or the phone call you don’t want to make.
In this job, there are a lot of times I meet wonderful people that I’m able to help. I may help them directly as their attorney. I may help by sending them to an attorney that can handle that particular area of expertise. We’re going to talk about that right now because yesterday I had the phone call I did not want to get.
I had a gentleman from another part of the state call me. He was working for a very large Oklahoma company as a truck driver. While on the job and in the company truck he was examining the trailer and the tractor that he drove. And while he was looking under the tractor when he stood up he hit his head very hard on the trailer. Very hard. So hard he fell to the ground and hit his head again. He felt something warm and sticky and he knew he was bleeding.
The Importance of Acting Swiftly in Personal Injury Cases
There was a business close by that was preparing to close. They found him, helped him try to clear up the blood and then he drove himself to the hospital where he needed immediate stitches. Well since that time he’s had neurological problems. His health has declined to the point that he’s now essentially chair fast and bed fast. Again he was on the job.
Now you all know probably what that means. On the job. Workers compensation. We all know it right? What happened? Well he did the good thing. He called an attorney immediately because he was fired just a few days after this event. And again his health has continued to decline markedly. Neuropathy, no feeling in his lower limbs. Now it’s moving up. Surgery is necessary in all likelihood, multiple surgeries.
Understanding Statute of Limitations for Personal Injury and Workers Compensation
So he goes to a law firm that’s online and says we do family law, criminal law, we do personal injury, all this stuff. Personal injury would probably catch most people’s eye because it’s a personal injury kind of case. So he engaged the law firm. The law firm kept his file for several months. Well what happened is, in my thought, in Oklahoma there’s what’s called a statute of limitations.
The statute of limitations for personal injury is two years. However, key three words, on the job. That means his remedy is workers comp as to his employer. Guess what? The statute of limitations is one year. One year. So this gentleman is discharged by the law firm a couple of months short of the one year anniversary. But he receives a letter that says the statute of limitations on personal injury is two years.
The Importance of Seeking Professional Legal Advice Promptly
I called up some workers comp specialists that I trust, know and have known for 30 years and I’ve been doing law for almost 40 years. And we thought and thought and thought and brainstormed and brainstormed and brainstormed. Bottom line is this man is shot. His remedy was gone. That’s the phone call I don’t want to get. And that’s the phone call you don’t want to make.
It is important that you go to a lawyer that is able to successfully and immediately analyze the legal issues of the case and know whether they’re equipped to handle it. Under Oklahoma law, if an attorney goes outside their wheelhouse, if they try to engage in an area where they are not competent to practice law, they should not take the case and they have a duty to try to refer you to someone who is competent to handle that area of law.
Take Action Now for a Low-cost Consultation
So when you get hurt, whether it’s on the job or not, do contact an attorney immediately. But make sure you ask who is accountable and how much time do we have. Because I promise you, this man is older, he’s unable to work, he had his commercial driver’s license, but he can’t pass the physicals now because he can’t walk.
So now he’s basically unemployed, trying to get Social Security, trying to get disability, and he has health that is declining so rapidly, who knows? As I said, I’ve been doing this for 40 years in terms of certain aspects of practice. If you get hurt and you have questions, call TulsaPersonalInjuryLawyer.Pro. That’s me. And call 918-924-5528. That’s me. Mike Ashworth. I’m the only Mike here.
If it’s about any legal issue, like I said, I’ve been doing this for 40 years, folks, you just need to ask a lawyer something, give us a call. I talked to a lady today, a very charming lady in another part of the state, and she started telling me about a personal injury case that we’re looking at, and then she started asking me about a lot of other civil cases that were mostly real estate. But I was able to tell her, okay, this is an easement by prescription, here are the issues, boom, boom, boom, boom, and you’re going to need a specialized lawyer for those. And we tried to help introduce her to a specialized lawyer.
So it doesn’t cost you anything, give me a call, let’s take a look at it. But please don’t be the one to make that phone call or make me have to give you that news. Come to us sooner.
Take the First Step, Contact Us for a Low-cost Consultation
If you have been injured and have questions or concerns about your legal rights, please reach out to us for a initial consultation. We are here to help you navigate the legal process and ensure your rights are protected. Visit TulsaPersonalInjuryLawyer.Pro or call 918-924-5528 to speak with me, Mike Ashworth, an experienced Oklahoma personal injury lawyer.
