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

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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

Answers:

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

Answered 9 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.


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