How long do you have to sue for injuries that worsened a pre-existing condition?

UPDATED: Aug 26, 2011

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UPDATED: Aug 26, 2011Fact Checked

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How long do you have to sue for injuries that worsened a pre-existing condition?

Over a year ago I was involved in a car accident in which I was rear-ended. I sought medical attention and was prescribed physical therapy for whiplash. At age 11, I was diagnosed with adolescent idiopathic scoliosis. Not long prior to the accident I had X-rays done, and had X-rays done post accident as well. The X-rays after the accident showed a shift and worsening of the curves in my back. I’ve been unable to pay for the required physical therapy and have suffered increasingly severe back and neck pain since. I have continually been offered minuscule amounts by the insurance company, I’ve declined.

Asked on August 26, 2011 California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In CA, there is a two year statute of limitations in personal injury cases, which means you would have to file your lawsuit for negligence against the other driver before the two year anniversary of the accident.  If you don't file your lawsuit prior to the expiration of the two year statute of limitations, you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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