Automobile Accident Injury Claim...

by Rheana
(Hubbard, Texas)

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?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

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,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION