Legal Question in Insurance Law in California

I was in an auto accident in Dec 2008 and received medical treatment until Apr 2009 before being released by my doctor. I have yet to settle my claim with insurance company whose driver was at fault, but I am now suffering from the injury once again. Can I reopen my medical case or is it too late because of the medical release?


Asked on 8/13/09, 9:09 pm

2 Answers from Attorneys

Steven Murray Steven W. Murray, APC

Yes. The statute of limitations in California is two years for personal injury. Your problem, if any, will be having a medical explanation for this situation.

Read more
Answered on 8/14/09, 11:01 am
Gerry Goldsholle Advocate Law Group P.C.

If you've had a significant injury resulting from an auto accident in which you were not at fault, and which required more than one shot medical attention -- and the fact you are again suffering some symptoms suggests this is not one shot -- or also suffered meaningful loss of income from work, or recuperation, or loss of normal activities of daily living for a meaningful period of time -- why are you trying to settle the matter yourself?

Unless you have significant experience in negotiating with insurance companies and can be truly objective, you are about to be hosed.

Insurance companies are pros -- and the adjusters they hire are pros -- and paying you the very least they can possibly get away with, particularly where, as here, what is involved is a 3rd party claim -- a claim against the other driver's insurance carrier. They know how to turn what might be a significant claim into peanuts. I am not talking about a simple fender bender with only modest property damage. That's something you have to deal with on your own as lawyers don't want to get involved as there is not enough in it to make it worth their while -- or yours.

If there is real injury you need a lawyer to assist you. Lawyers don't take or handle cases unless they can produce real results and get you meaningfully more than you could do on your own. Also, lawyers handle these matters on a contingency basis and in nearly all circumstances you'll come out far better -- net of legal fees -- with a lawyer than trying to do it yourself. For more information, see http://injury-law.freeadvice.com/injury-law/personal_injury_value_of_damages.htm

Read more
Answered on 8/14/09, 12:11 pm


Related Questions & Answers

More Insurance Law questions and answers in California