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Is the claim adjuster's letter misleading?

Pasadena, CA |
Filed under: Lawsuits and disputes

Here's from the letter: If the claim is not resolved within two years of the date of the incident, only your filing of legal action will preserve your right to pursue this matter. Before seeing the letter, I know there are time limitations for all lawsuits, but had no idea about personal injury. After seeing it, it made me believe there is a 2-year-window you can try to make a deal with the claim adjuster firstly, then if it failed it is the time (after 2 years) to begin a lawsuit to further protect your right. My interpretation is based on our understanding of a common sentence below: if I cannot come within 2 hours, you move on by yourself. If it was not the adjuster’s letter, I believe I would have found out how the statute of limitations for personal injury is regulated much earlier.

It is a slip-and-fall case which happened in a big store. The 2 year time window was run out by the claim adjuster requesting all kinds of medical records, and he went disappeared by the 2 year deadline. I didn't know the 2-year statute of limitations for personal injury starts from the date of the incident until he disappeared.

Attorney Answers 2


It would be impossible for anyone to answer this question without knowing more about your case and reading the letter in question - the entire letter.
Take it to a local attorney for a consultation.

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The very first sentence of your entry above says "within two years of the date of the incident". So the letter is not misleading. In addition what we call "ignorance of the law is no excuse" meaning you had a duty to consult with an attorney to find out the time deadlines. Unfortunately, I don't think you will get very far on the "misleading" theory.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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