If my doctor just found a herniated spinal disc after car accident from 2 years ago, is it too late to seek compensation?

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If my doctor just found a herniated spinal disc after car accident from 2 years ago, is it too late to seek compensation?

My car was hit and totaled by a daycare bus. I have suffered leg pain since that day but last week the pain had gotten so bad I finally got an MRI and discovered that I have a herniated or ruptured disc in my spine. I’ve been prescribed steroids and a possibility of surgery has now been mentioned. What can I do or is it too late to do anything about it now?

Asked on March 27, 2012 under Personal Injury, Maryland

Answers:

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

Answered 9 years ago | Contributor

It is not too late because Maryland has a three year statute of limitations in personal injury cases.  Prior to filing a lawsuit for negligence against the daycare as the registered owner of the bus, it may be possible to settle the case with their insurance company.  You should immediately contact the daycare's insurance carrier and inform it of your personal injury claim.  The insurance carrier should be listed on the police report of the accident or you can obtain the name, address and telephone number of the insurance carrier from the daycare.

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 having reached a point in your medical treatment 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 daycare's insurance carrier should include 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 which is an amount in addition to the medical bills.  If the case is settled with the daycare's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the daycare's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the daycare.  If the case is NOT settled with the daycare's insurance carrier, you will need to file your lawsuit for negligence against the daycare prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  If you are still getting medical treatment and the three year statute of limitations is approaching, file your lawsuit for negligence against the daycare so that you won't miss the statute of limitations and lose your rights forever in the matter.


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