I fell down inside a fast food chain located inside a major retail store. The date of lass was 8/30/09. I have a claim number but nothing has been paid to the emergency room hospital or to myself. I think the deadline is August 2011. Do you think they will pay nothing or am I protected? Thanks.
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.
You are correct about August 2011 as the final deadline. More importantly is the exact date in August. There is a 2 years Statute of Limitations period in California. This means if you are injured and you are not able to settle your suit within that time you must file suit; otherwise you will lose your right to recover any amounts from the insurance or their insured.
If you have not heard from the insurance company lately it is incumbent upon you to contact them and see if they are going to offer a settlement. The problem is if they offer a settlement and it is not acceptable to you your time limit may be rapidly vanishing.
If you are not satisfied with the insurance company’s offer, or they haven’t even made an offer, then you will need to find a qualified and reputable personal injury attorney. She will have to either negotiate a settlement or file a lawsuit within the 2 year period.
Once the lawsuit is filed the Statute of Limitations “tolls”. This means your interests are protected, and you will not have to worry about missing any filing deadlines.
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,
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