I was in a car accident with my son on Oct.13 2004.
Question Details: was ruled other driver fault 100%. Went to chiropractor for 3 months with back pain. I have 3 twisted vertebre in my back and get back spasms now. Statute of limitations ends on Oct. 13 2009.(Did not know this) Cannot seem to reach an agreement with insurance company. Is it to late to sue or what are my rights or do I need to just take what the company is offering even though its not what I deserve?Can I still file a lawsuit by this date?What do you suggest?
Hi. Once the statute of limitations expires, you are correct, you will be barred from filing a lawsuit against the insurance company of the at-fault driver. The insurance company will also have one additional reason to refuse to offer an amount that will fully compensate you for all medical expenses, continuing disability, and pain and suffering. In any event, there are strategies for increasing the settlement offer in your case substantially. Are you currently undergoing continuing treatment? Also, did your son sustain any type of injury? A few additional details would be needed to assess the potential settlement value and what needs to be done. You are entitled to payment of all past medical expenses, an additional amount for future medical treatment, lost wages, any permanent impairment, and payment for pain and suffering, and emotional distress as well. For your convenience, you can e-mail me at mth2000@yahoo.com. I am a Missouri personal injury attorney. Thanks.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.
Hi. Once the statute of limitations expires, you are correct, you will be barred from filing a lawsuit against the insurance company of the at-fault driver. The insurance company will also have one additional reason to refuse to offer an amount that will fully compensate you for all medical expenses, continuing disability, and pain and suffering. In any event, there are strategies for increasing the settlement offer in your case substantially. Are you currently undergoing continuing treatment? Also, did your son sustain any type of injury? A few additional details would be needed to assess the potential settlement value and what needs to be done. You are entitled to payment of all past medical expenses, an additional amount for future medical treatment, lost wages, any permanent impairment, and payment for pain and suffering, and emotional distress as well. For your convenience, you can e-mail me at mth2000@yahoo.com. I am a Missouri personal injury attorney. Thanks.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.
Hi. I am the Missouri injury attorney that posted an earlier reply to your question concerning your claim for back injuries and the statute of limitations. I hope this information has been of at least some benefit to you. As a follow-up, I thought I would mention also that it is possible to obtain recovery through multiple policies, through a legal procedure known as "stacking", that could allow you to obtain considerably more compensation. With a case involving a back injury, the range of potential settlement amounts is always large, and there are ways to considerably increase this amount, with legal and medical arguments. Is your medical treatment continuing at this point? Do you have numbness or weakness in other parts of your body, besides your back? You can reach me, for your convenience, by e-mail at mth2000@yahoo.com, or by phone at (314) 471-5585. Evenings are acceptable as well.
NOTE: This answer is for eduational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.