Legal Question in Personal Injury in California

Need to know how long I have to file a claim

I was in an auto accident in April. The fault was the other persons fault (responsibility by her insurance comapny accepted). I had to miss quite a lot of days of work to go back and forth from the doctors. And in order to keep my job, I can not continue going to the doctors three times a week. So this leaves me with the option of asking for monetary compensation. How long do I have to file a pain and suffering claim against her for money for the docs?? Please help!!!


Asked on 7/13/06, 5:00 pm

5 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Need to know how long I have to file a claim

YOU HAVE TWO YEARS FROM THE TIME OF THE ACCIDENT TO FILE THE LAWSUIT. BUT YOU DON'T HAVE TO WAIT TWO YEARS TO FILE A CLAIM AGAINST THE OTHER DRIVER'S INSURANCE COMPANY. WHEN YOU FILE A CLAIM, YOU MAY CLAIM FOR LOSS WAGES IN ADDITION TO PAIN AND SUFFERING. AS FAR RECEIVING TREATMENTS, I RECOMMEND THAT YOU CONTINUE NECESSARY TREATMENT ALTHOUGH YOU MAY HAVE TO CHANGE YOUR DOCTOR AND RECEIVE TREATMENT FROM A DOCTOR OR CLINIC WITH FLEXIBLE SCHEDULE THAT CAN SCHEDULE APPOINTMENTS THAT WOULD NOT CONFLICT WITH YOUR WORK SCHEDULE (i.e. EVENING OR WEEKEND APPOITMENTS). YOU MAY CALL ME AT 213.388.7070 FOR A FREE CONSULTATION ABOUT YOUR CASE.

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Answered on 7/20/06, 4:32 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Need to know how long I have to file a claim

You have two years from the date of the accident, generally, to file a lawsuit. You should have already filed a claim against the other driver's insurance. However, be aware that if the other driver was working for a government entity, such as a city or a school district, you would only have 6 months to file a formal claim.

If you want to read more about the "statute of limitations," I would encourage you to visit my blog, www.calpiblog.com. It will also provide you with information on what you are entitled to recover and how you can pursue this matter.

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Answered on 7/20/06, 5:30 pm
Terry A. Nelson Nelson & Lawless

Re: Need to know how long I have to file a claim

You have 2 years max to get a lawsuit on file, but you should not wait to make a settlement demand any longer than necessary to know your medicals are stabilized. However, you will NOT likely get any partial payment of doctor or other bills, without a full settlement. Most people realize the value of having an attorney represent them and get full case value, rather than the low-ball that the insurance company tries to force on people without attorneys. Feel free to contact me if you want professional help.

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Answered on 7/20/06, 7:36 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Need to know how long I have to file a claim

Why are you trying to handle this without a lawyer? go to my website www.thepersonalinjury.com and read up on the various issues in your case, then give me a call for a free consultation!

Norm

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Answered on 7/21/06, 7:13 am
Russell Kohn Kohn Law Office

Re: Need to know how long I have to file a claim

Generally an adult has 2 years from the date of injury to file a lawsuit on the claim, except against a government entity for which there is generally a 6 month claim filing requirement. There are many exceptions to the general rule. I recommend that you call for advise specific to your claim. The consult is of course FREE!

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Answered on 7/22/06, 3:49 pm


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