Legal Question in Personal Injury in California
statute of limitations for personal injury accident
I hired a lawyer in 2/2004 re-injury traffic accident sustained in 11/08/2002. He now tells me in 6/15/2004 that he has no information re-other party insurance. I was upset and called my isurance co. and recieved all information for him. He feels the statute of limitations is a gray area and he's not sure if we fall into the 2year timeline to file this claim. I am to say the least furious with him and need to know if I am too late to pursue this case. The other party involved in this accident was insured and has paid my insurance co. for all repairs to my vehicle. I have medical bills and proof of whiplash injury and need to be compinsated. HELP
6 Answers from Attorneys
Re: statute of limitations for personal injury accident
The Statute for pursuing your claim against this other party is two years--nothing gray about it. You MUST file your lawsuit or have your claim settled by 11/8/04. You should retain other counsel.
Re: statute of limitations for personal injury accident
Hire me instead, I'll get you some results without the lame excuses.
Re: statute of limitations for personal injury accident
Sounds like you are disgruntled with your attorney and you are contemplating a change. Did you sign any agreement with the previous attorney or pay him money? Did he provide the doctor? Give me a call diretly if I can be of help.
Re: statute of limitations for personal injury accident
Why did you retain an attorney almost a year after the accident? This case should have been wrapped up by now.
Re: statute of limitations for personal injury accident
I hope you got the other attorneys' messages! I researched the statute of limitation issue yesterday, believe it or not. If the one year statute had already run on your accident by January 2003, you would have been out of luck. But since your accident was in 11/02, it hadn't yet run by the time the law changed in 1/03 to a two year limitation period, so the change is prospective only, and not retrospective. So you're in good shape as far as the statute of limitation goes. For some reason, your attorney got the notion that there was no insurance so he didn't do anything further. Luckily, you've decided to take matters into your own hands. Now take them elsewhere! Good luck to you. -Robert
Re: statute of limitations for personal injury accident
Technically, the statute was still one year in Nov, 02, but most insurance companies allowed a 2-year statute anyway. BUT, you have to get that in writing from the other ins.co--that they will recognize 2 years. Otherwise, you have no guarantee and the other carrier can stand on the one year time limit. Your atty should do this for you. If you are in Orange County, give me a call. 714-963-5123.
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