Legal Question in Personal Injury in California

Re: Personal Injury auto accident contingecy form

If you are in California, there is NO WAY to extend the statute of limitations without a written agreement signed by the insurance carrier AND the actual person involved in the accident with you. This is highly unlikely. The ONLY WAY to preserve the statute is to file a lawsuit (or small claims action if your case is worth less than $5000), before the statute. I would urge that you not delay, and do this immediately.

Re: Personal Injury auto accident contingecy form

This is why you should hire an attorney in these situations. The insurance company could potentially have been trying to extend the negotiations beyond the statute of limitations and you could have been left with no claim at all.

Re: Personal Injury auto accident contingecy form

There is no "contingency" form which will extend the statute of limitations for a personal injury claim . . . there are judicial council forms which, if properly completed, can be used to file a formal complaint . . . filing a complaint in court is the only way to preserve your claim . . . you need to consult with a lawyer as soon as possible in order to properly and timely do this . . . also . . . be sure the claim is filed WITHIN the year . . . so if the incident occurred on the 27th of december 2000, the complaint should be filed on or before the 26th of december 2001. Good luck . . . if you have any questions you may send me an email directly to [email protected] . . . Patty Lewis . . .

Re: Personal Injury auto accident contingecy form

I have read the replies that you have received. Each is correct but do not seem to give you enough information.

The form that you need is a Complaint (Personal Injury) with a second sheet for a Negligence cause of action. It will be easy to fill out. You also need a case cover sheet for the particular jurisdiction, a summons to be issued, and a statement of damages (this can be prepared later.) The clerk of the court will not give you legal information but should help you with the forms that are needed. Be careful to file in the right court, where the accident occurred or where the defendant resides. If you think that your claim is worth less than $25,000.00 file it as limited jurisdiction and save approximately $100.00 in filing fees. Be sure to do this well before the 27th to be sure that you don't blow the statute.

You should really think about finding a good lawyer in your area.

Re: Personal Injury auto accident contingecy form

You need to obtain repesentation immediately. Most attorney's will take the case on a cintingency basis, but a formal complaint needs to be filed at court. Get the results you deserve, call me directly at (619) 222-3504.