Legal Question in Personal Injury in California

Still injured 1.5 yrs later; no suit filed; may be leaving the state. What next?

I was injured in a car accident in May 05 at work. My car was struck by another (foreign) employee driving a rental car in my company parking lot. Accident was reported to both my personal insurance, rental car company and workers comp. I sustained cervical/thoracic sprain injuries - have not fully recovered. Still have problems falling asleep every night and nagging pain during day.

Rental adjuster keeps reminding me of statute of limitations. And I'm not sure what to do since I'm still injured; only have about 6 months left with the statute.

I may also be leaving the state, which poses another problem. Need to know where I stand with this - suit or settle? How does a suit work if I leave the state? I have consulted with an attorney, but the case is tricky because it involves several parties.

Thanks!

Asked on 10/17/06, 4:06 pm

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4 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN
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Re: Still injured 1.5 yrs later; no suit filed; may be leaving the state. What next?

You have two cases one is a worker's compensation case against your employer and one against the party caused the accident. You can settle those in a third party case at the WCAB board. It is critical that You have sought treatment and there are medical reports documenting your injuries. You can leave the state but you may have to be present for a deposition and/or a medical evaluation. It appears that you have permanednt injuries if you are still having back pain after a year and a half. I need more facts to help you decide what is the best approach to resolve your case. Call me at 213.388.7070 for a free consultation.

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10/20/06, 12:23 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates
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Re: Still injured 1.5 yrs later; no suit filed; may be leaving the state. What next?

Yes you have two cases!

You may call me for a free consultation at 818.739.1544 ext.10 or visit my website at www.thepersonalinjury.com

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10/20/06, 3:42 am
Terry A. Nelson Nelson & Lawless
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Re: Still injured 1.5 yrs later; no suit filed; may be leaving the state. What next?

Tricky? BS.

This is a plain PI, whether you leave or not. If you haven't settled it, get an attorney and file suit before you blow the SOL. As long as there is insurance on the other car, or your own UI, you will get a recovery if handled right. Feel free to contact me when you decide to get proper legal help.

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10/23/06, 4:04 pm
A. Russell Martin Law Office of A. Russell Martin
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Re: Still injured 1.5 yrs later; no suit filed; may be leaving the state. What next?

You have both personal injury and workers compensation claims. The statute of limitations will bar your claims forever unless you file in time. Moving out of state does not preclude litigation, but attendance at depositions may be difficult if an early settlement is not achieved. I will need more information to properly advise you. Feel free to call me at 415.420.0264.

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10/22/06, 9:50 pm

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