I'm not quite sure what you mean by "case limit." To answer your other question, a complaint is what needs to be filed to initiate a personal injury lawsuit. You can use the California forms, which are available online. Depending on the court in which you file, you'll need to file and/or submit other documents as well, such as a civil case cover sheet, summons, and any county-specific papers. I recommend you consult an attorney to be able to give you a more detailed response, better tailored for your situation.
This response is based on limited information. It is not meant as and does not constitute legal advice and does not create an attorney-client relationship.
If you're referring to policy limits, you can mail a certified letter to the insurance company requesting the policy limits. However, some companies won't release the limits unless there is proof of serious injuries.
There is no upper limit. Do yourself a favor and consult an attorney to assist you with your claim. Best of luck.
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What are the facts of the accident and maybe we can discuss a more specific answer to your question.
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In order to properly assess the value and viability of your Personal Injury case, it is vital to review the tortfeasor's insurance policy, if she is, in fact, insured. In the event that she is not insured or is underinsured, then you may have to review the Uninsured or Underinsured Motorist coverage under your insurance policy. However, if the tortfeasor is insured, then you (or your attorney) would simply write a letter to the tortfeasor's insurance company requesting the identity and coverage provisions of the policy and the policy limit. In California, the third-party insurance company is not obligated to furnish you with this information unless it obtains consent from their insured. As a practical matter, because insurance companies (and their insureds) understand the importance of disclosing this information early and not requiring a formal complaint to be filed before such disclosure, they are often willing to play ball.
In addition, note that there is no "limit" on recovery of damages, just a limit on recoverability of those damages. That is, you may seek and be awarded damages in excess of the policy limit. However, if the tortfeasor has no insurance or is underinsured and has little in personal assets, it is virtually impossible to actually recover the amount you may be awarded via trial, arbitration, or settlement. In such cases, those awards are merely illusory.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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