How long do I have to file an injury claim report mailed to me by a corporation?

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How long do I have to file an injury claim report mailed to me by a corporation?

I was recently injured by clippers at a salon owned by a huge corporation. I filed a written complaint against the company the next day who refunded the money for the haircut and mailed me a injury claims report. I was advised by doctors that detection of certain blood virus could take 6 months. Is it unreasonable to wait 6 months before testing before sending back written personal claims documentation?

Asked on December 1, 2011 under Personal Injury, New York

Answers:

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

Answered 9 years ago | Contributor

If there isn't any deadline for a response mentioned on the claim form, you should still respond and explain that it may take six months for doctors to detect a certain blood virus and after that you will submit additional information regarding your claim. 

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim filed with the company's insurance carrier will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the company.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the company's insurance carrier, you will need to file your lawsuit for negligence against the company prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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