Legal Question in Personal Injury in California

My lawyer from the past just left me a message to call him back. I could not reach him as it was after hours. I\'m kind of freaking out. We went through arbitration about 9 months ago and were awarded a pretty bad settlement after five years. Bad enough that he wrote a ten page letter to the arbitrator pointing out his mistakes. Anyways, he did note that sometimes if you get an award that the insurance company (State Farm in this case) may try to get some of the award for medical of something like that. Is this true. If so how long are the statutes of limitations on this. I will call tommorow morning but I\'m just speculating. Thanks


Asked on 7/28/09, 9:14 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Once a lawsuit is filed, you have five years to finish up the case, and then it is subject to being dismissed permanently for failure to prosecute. How are you doing on that time limit? I did not understand at all what you meant by "try to get some of the award for medical or something". You are the one suing someone else for money, aren't you? Arbitration is usually not binding, meaning that you can reject the award (in writing) and demand trial instead. Do you have a trial date set? I hope so.

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Answered on 7/30/09, 11:15 am


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