Automobile Accident Injury Claim...
I was hit by a car at an elementary school. An Expedition hit me and spun my car 180 degrees, knocked my bumper over 40 feet. I have 2 moderately herniated cervical discs with mild spinal cord compression: c3-c4, c4-c5. An I'm still having neck pain and arm pain.
The insurance paid for my car. Liability has been established, it was her fault. The accident happened 5-23-09 in Texas. The 2 yr limit is coming up soon. The adjuster said he could not consider the herniated discs however because I haven't had surgery, to him it was just a neck sprain. I'm probably not going to have the surgery done before the statute of limitations is up.
Does this mean I won't be able to recover any money if I do eventually have the surgery? What do I have to do to get them to pay for all my future medical bills?
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ANSWER for "Automobile Accident Injury Claim...":
No. What the statute of limitations means is that you must do one of two things before the period is up; (1) Either settle the claim with the insurance company or (2) file a lawsuit.
For a nominal fee (when you consider what the case may be worth) of less than $500.00 you will need to file and serve a Civil complaint for damages. If you qualify for a fee waiver, this amount will usually be waived it its entirety excluding fees to serve another party (under $100).
Therefore, even if you do not have surgery in the next 3 weeks, you will still protect your rights in this law suit by filing a civil complaint before the statute of limitations runs.
As another option, you may wish to request future meds as part of your over-all settlement. They are rarely granted, but it is worth a try.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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