When is it too late to file an injury claim?
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When is it too late to file an injury claim?
It has been about 4 weeks since I was rear ended. Other party excepted liability. I did not go to doctor right away. I have been in contact with their insurance. I do not like going to the doctors so I put it off trying to ease the pain myself by stretching and taking it easy. Now it is really bothering me. Is it too late to file injury claim like I said it has been about 4 weeks.
Asked on February 27, 2017 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It is not too late to file your personal injury claim and receive medical treatment. CA has a two year statute of limitations for filing a lawsuit in a personal injury case.
Most likely, the personal injury case will be settled with the at-fault party's insurance carrier after you complete your medical treatment and are released by the doctor.
Your claim filed with that insurance carrier should include your medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement.
Compensation for wage loss is straight reimbursement.
The medical reports document the nature and extent of your injury and will be used to determine compensation for pain and suffering, an amount in addition to the medical bills.
If the case is settled with the opposing party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject them and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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