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 4 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.


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 AttorneyPages.com 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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