First, if liability is denied in your case your only option if you want to receive money is to sue the wrongdoer, go to trial and have a jury determine that the at-fault is liable. Second, I do not know what time limitation you are referring to. If you are referring to the statute of limitations you need to make a lawsuit is filed before it expires. If the attorney still represents you he or she either has to: (1) notify you that he or she will not file a lawsuit and give you enough time to either find a new attorney or file the lawsuit yourself; or (2) file the lawsuit. If the attorney never withdraws from representing you and fails to fall a lawsuit on your behalf you would have a legal malpractice claim against him or her. If you are referring to a different time limitations I do not necessarily know how to answer although my answer would likely be similar to that of the statute of limitations. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Jan 14th, 2013 at 6:31 PM