Legal Question in Personal Injury in California
hello
i was in an car accident in california in dec 2004.
the chiropracter i saw had his technician walk on my back.
i have been in pain since then.
the chiro is billing me $ 6,300. i signed a lien.
does it expire and what is the statute.
thank you
larry stark
3 Answers from Attorneys
The statute of Limitation for personal injury in a car accident is 2 years from the date of the injury; to sue for malpractice you have only one year from the date of the malpractice or when you should have known that malpractice occurred. It appears that you are barred from suing unless you fall into some exception which seems unlikely. Sorry.
If you want to know how long a doctor has to file suit against you to collect an unpaid bill, the general rule for an account stated in writing is 4 years from the date that he sent a billing statement to you after your last visit. If you are asking how long you have to sue for injuring you, then the general rule for medical malpractice cases is 1 year from the date that a reasonable person would suspect the malpractice, which it sounds like would have been soon after the treatment.
As to the chiropractor's bill its four years from the last charge or payment.
Hope this helps and good luck.
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