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

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. 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. 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 the person who submitted the question.


  3. 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!


  4. 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. 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 in your geographic area. Strict time limits apply and failure to act within those time limits will result in a complete loss of all rights to seek legal redress.


  6. 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 I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  7. 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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  8. 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.


  9. 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.


  10. 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.


  11. 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.


  12. 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 Drive, Suite 206... Corona, CA 92879... (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.

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