Is there a form to fill out to extend the 2 year limit for settling an auto accident claim?

Asked over 1 year ago - San Diego, CA

My time runs out on August 14th, 2013. I'm was wondering if it's too late to get an extension or a lawyer who can help. I was a passenger in an auto accident. I have had to have epidural injections in my neck and surgery to my clavicle and shoulder. I don't know anyone who has used a personal injury lawyer and am not familiar with the process. I was trying to settle with in the 2 year time frame, but I am still seeing a pain management doctor.

Attorney answers (13)

  1. David Lee Fiol

    Contributor Level 17

    14

    Lawyers agree

    Answered . There is no form to fill out and you are endangering your rights to compensation by trying to handle this on your own. You appear to have a good claim and will do better overall with an attorney to advise you, even considering the fee you will pay him or her. Find a reputable lawyer through Avvo or the local bar association and they can negotiate an agreement with the other side or get a case on file for you in short order.

  2. Barry P. Goldberg

    Pro

    Contributor Level 13

    13

    Lawyers agree

    Answered . There is no "form."
    My strong recommendation would be to file a lawsuit immediately in order to protect the statute of limitations. While this can be accomplished on your own, or in "pro per", it would benefit you to have a qualified attorney help you given the pending limitations date. You may only get one shot at getting it right.
    After the Complaint is filed, you are in a much better negotiating position. Insurers will often offer less or even "string you along" when you are near a limitations date. My advice---be strong and not at the mercy of the insurer!
    Your scenario happens all the time----look on AVVO for a highly rated lawyer in your area and go and speak to him or her. Most attorneys will provide a free consultation.
    Best of luck!

  3. Jeffrey Michael Padilla

    Pro

    Contributor Level 13

    12

    Lawyers agree

    Answered . There is no extension to this deadline. The only way to preserve your claim is to file a lawsuit prior to August 14. I urge you to consult with an attorney for a proper and thorough examination of your claim. There still may be a chance to resolve the claim without filing a lawsuit if you act fast.

    It is a simple fact that the insurance company representing the defendant will never provide you with their best offer until they are faced with the threat of a possible jury trial. That threat doesn't become real until you retain an experienced trial attorney.

    A consultation with a reputable attorney would be free of charge and I promise you will benefit from the meeting even if you don't retain the lawyer.

    Good luck.

    This response applies to California Law only and does not create any legal relationship between the attorney and... more
  4. Marc Lazarus

    Contributor Level 14

    10

    Lawyers agree

    Answered . You should file a lawsuit against the appropriate party in the proper venue prior to the expiration of the statute of limitations. You should also contact a personal injury attorney at this time.

    Marc Lazarus
    www.russellandlazarus.com
    (800)268-9228

  5. David Phillip Beeson

    Contributor Level 10

    10

    Lawyers agree

    Answered . You should immediately contact and hire a personal injury attorney. The lawsuit must be filed before the statute of limitations expires. There are several qualified personal injury attorneys who have responded to your inquiry. My practice is in San Diego. This is our 35th year of representing people who have been injured in accidents.

    The responses here are not intended as legal advice. Do not rely upon the responses herein. Consult an attorney... more
  6. David Herman Hirsch

    Contributor Level 20

    8

    Lawyers agree

    Answered . As you can see from the responses from all of these experienced personal injury attorneys, you need to take action soon to protect your rights. Contact an attorney immediately and don't delay any longer since your deadline for filing suit is fast approaching...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  7. Michael Shemtoub

    Contributor Level 17

    7

    Lawyers agree

    Answered . I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. The answer to your question is that the best thing to do is to hire an attorney and have him/her file a lawsuit in order to extend your time. The attorney will be able to locate the other party's insurance information for you which is probably the MOST important aspect of the case. This is important because the extent of treatment that you have undergone and will continue to undergo. If the defendant has a small policy and no assets then it most likely wouldn't make too much sense to file. I try to figure out the policy on almost every case so my clients usually get better results.

    You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around! There is no upfront cost to hire an attorney. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body ; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the San Diego area.

    Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com... more
  8. Scott J. Corwin

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . While there is no extension, it is (almost) never too late to consult with an experienced car accident attorney to review your case and get you the compensation that you deserve. I have over 20 years of experience representing clients with a variety of injuries sustained through car collisions. The statute of limitations is not something that should toyed around with and I strongly suggest that you hire an attorney to assist you in the claims process. I hope that I can be of greater service.

  9. Paul J Molinaro

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Should one have just under a month to file suit seeking compensation for physical injuries due to a motor vehicle accident the good news is that one has just under a month to file suit... this person has at least a couple more days to get his or her procrastinating self to a personal injury attorneys office and file... there's a good chance there's an insurance adjuster just waiting for the statute of limitations to be blown... probably has the date marked off on his or her calendar in green... the color of the money he or she will save for the company.

    The other good news is that most of us personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    4160 Temescal Canyon Road, Suite 306
    Corona, CA 92833
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  10. Andrew Daniel Myers

    Contributor Level 20

    6

    Lawyers agree

    Answered . The statute of limitations is like the curtain coming down at the end of the show. The claim is extinguished forever. Except, there's no encore after the statute of limitations runs. There is no form. Take the advice you are getting from the good AVVO attorneys in your state and retain one ASAP, as in now. Here's more information on statutes of limitation: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  11. Tanya Marie Bachand

    Contributor Level 15

    6

    Lawyers agree

    Answered . In my office we have a saying... everything is fixable, EXCEPT the statute of limitations. You have a little less than a month, so don't wait even one more day to find a lawyer to help with this.

    This is general advice and does not establish an attorney-client relationship.
  12. Kevin Coluccio

    Contributor Level 20

    6

    Lawyers agree

    Answered . You really need to contact a personal injury attorney as soon as possible. There are many lawyers who have responded to your question who have offered to help. Contact one of them or go to the "find a lawyer" tab.

  13. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . There is no magic form. Get it filed before deadline

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Jon Mitchell Jackson

Automobile Accidents

Most people are not aware of the fact that motor vehicle accidents are the leading cause of injury and death in the United States. Americans collectively drive almost three trillion miles... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,013 answers this week

3,379 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,013 answers this week

3,379 attorneys answering