Visitor Question

Insurance co not returning my calls?

Submitted By: Brigid (Nice, CA)

I was injured at work in Sept. 2010. I went out on disability off and on through May 2011, when I could no longer perform my job. The insurance company offered two settlement options after I had a qualified medical evaluation (QME) in early 2012.

My husband had died unexpectedly from cancer during this time, my home was in foreclosure, I had little to no income, and felt extreme pressure from the insurance co to settle immediately. I was alone, had not retained an attorney, and wasn’t sure what to do.

I told the insurance co I needed more time, and they said they’d “temporarily” close my case until I was ready, and to get in touch when I was.

I have since lost my home, but regained some semblance of balance in my life after my husband’s death. I began calling the insurance co in early 2014. They did not take my calls nor have they returned my messages.

I haven’t received any payments and am not sure how to proceed.

Do you have any recommendations for how to proceed? I will say that I am in a state of “raw survival” today. I truly need the money I believe I am due. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Brigid,

Unfortunately, the statute of limitations has expired. The statute of limitations is the time period in California in which an injured person has to either settle his or her personal injury or workers’ compensation claim, or file a lawsuit.

From the facts you present, your injury occurred in 2010. It is now 2014.

As a result, unless the insurance company agrees to reopen your claim, you have effectively lost all legal rights to force the insurance company to settle.

While it appears you have lost your right to proceed with your claim, you have noting to lose by consulting with a workers’ comp attorney. Most will not charge for an initial office consultation. Moreover, unless the attorney is successful in reopening your claim and thereafter, settling it, you won’t have to pay the attorney anything.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 26, 2014

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