Legal Question in Personal Injury in California
Hello, I was involved in a accident April, 2010 where I was injured and not at fault. I have been getting treatments for my injured shoulder since then to present and was advised and told by my doctor that the physical therapy I'm having now is temporary and I am going to eventually have to have surgery on the shoulder in the near future. I believe the statute of limitations for a lawsuit is April 2012. My question is, I wanted to know if I ask the other parties insurance to settle my case before April, 2012 for pain and suffering, medical and car damage, How can I also include to collect for a surgery and recover that will happen after the statute of limitations date? I was told my Doctor my recover from the surgery will take 7-9 months, I am also a paraplegic. Thank you for your time and advice
3 Answers from Attorneys
Do not ask the insurance company to settle your claim...have a lawyer do that for you. You should call a personal injury lawyer immediately. Once the statute of limitations runs, you get nothing. Good luck.
You would be best served by having legal representation. As your statute of limitations is quickly approaching and you have both medical and legal concerns, you should contact an attorney on an immediate basis.
With that said, it is very likely that you will be able to resolve the property damage portion of your case in advance of the resolution of your injury case. It is entirely possible to resolve your legal case prior to the completion of your surgery and surgical recovery, but only after the costs and rehabilitative particulars are established to a reasonable level of medical certainty. Best practice will likely dictate filing a lawsuit to protect your rights and then proceeding with your medical care while the claim and legal processes move forward.
Feel free to contact my office or another attorney which may be more convenient to your location, but I recommend you seek legal representation soon.
I think you would be an absolute fool to handle this case on your own. You have no clue what damages you are entitled to or how to get them. You are probably prejudicing your case by talking to the defendant without an attorney. That is why we exist. If everyone could do it on there own, we would not exist.
My law firm handles personal injury cases all over the state of California. You can read about these cases at http://www.thepersonalinjury. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.
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