So I received a call the other day from an individual who’s husband had been severely injured due to faulty wiring in an HVAC system. This was back in 2008. She hired an attorney, they sued, took the case to trial and lost because the defendant argued at trial that they did not know about the faulty wiring. Trouble was that the lawyers representing this poor woman and her injured spouse sued THE WRONG DEFENDANT. If they had sued the correct defendant, who was the landowner and landlord of the company that was actually sued, then they could not have argued lack of knowledge. Even more problematic was the fact that these lawyers took so long to get around to getting the case to trial that it wasn’t until after SIX YEARS that they finally got to trial. By the time these people found out their lawyers had sued the wrong company it was too late to go back and sue the right company. They found out about the mistake but then by the time she got around to calling me, it was eight months after the fact. So almost seven years has passed. Moral of the story? DO NOT WAIT, it’s better to move forward and find out as soon as possible whether you have a claim or not. The sooner you find that out, the sooner you can preserve evidence, or put the other side on notice to preserve evidence. If you are wrong, you don’t lose anything. If you don’t move fast, and you did have a case, you could lose everything.
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