Edison, NJ asked in Consumer Law, Personal Injury, Civil Rights and Health Care Law

Q: What are the next move on a lawsuit after a judge give 30 days to get an affidavit of merit which unable to get?

Tried to get affidavit of merit but cannot get one. What to file or do inorder for the lawsuit get some money?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: An affidavit of merit is often required in certain types of cases, particularly medical malpractice, to show there is a reasonable basis for the claim. If you are unable to obtain one within the timeframe set by the judge, this presents a significant challenge to your case.

Your options at this point may include:

1. Request an extension from the court if you believe you can obtain the affidavit with more time.

2. Consult with your attorney (if you have one) about the viability of your case without the affidavit and potential next steps.

3. Consider whether your case may fall under any exceptions to the affidavit requirement, which can vary by jurisdiction.

4. If you cannot proceed, you may need to consider withdrawing the case.

It's important to understand that pursuing a lawsuit without proper legal basis or required documentation is not advisable and could potentially expose you to sanctions or counterclaims.

For specific legal advice tailored to your situation, I strongly recommend consulting with a licensed attorney in your jurisdiction who can review the details of your case. They can advise you on the best course of action given the circumstances.

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