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Still suffering from nerve damage from being rear-ended at a stop light 1 year ago. When should I pursue damages?

Concord, CA |

I live in CA. I was rear-ended at 35 mph when I was stopped at a light. I suffered whiplash, cartilidge was torn from the joint in my right thumb, and I now suffer from severe ulnar and median nerve damage. I'm told I have 2-3 debilitating surgeries ahead of me with long and difficult recovery periods. After that, I will have terrible scarring and likely permanent nerve damage causing muscle attrophy and permanent disability in both hands. I am a real estate agent who must drive, handle lockboxes and keys, deadbolts and locks, and draft paperwork via computer keyboards and writing by hand. All of these tasks are becoming extremely difficult for me to do myself right now. What settlement range would be reasonable to expect for my injuries? How much time do I have to pursue legal action?

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Attorney answers 5


You should consult with a local and qualified personal injury attorney asap. Ask those you trust and respect, call your state's trial lawyers association, search avvo for recommendations. Interview a few, even by phone. Look to hire the one you are most comfortable with and confident in. Most times injured people are far better off with an attorney.

One caveat, be forewarned of attorneys who are boastful or braggards. Good luck.


No way to evaluate your settlement range without assessing full medical history and future expenses. You have 2 years from the date of the accident to file suit. You should hire a personal injury attorney to help you recover your damages. They will take the case on a contingency and the money they earn will be much less than the increased settlement you will receive.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


2 yearsfrom date of injury. Hire a personal injury lawyer from your city from ASAP.

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You only have two years from the date of injury to file a complaint with the court. You should contact an attorney in Northern CA right away to schedule a free consultation to find out more about your options. If you have medical records and the police report, bring them to your appointment with the attorney. Feel free to contact me for more information or visit my website. 800-529-5908


You have two major problems. First, you need to ask your own insurance agent if you have Uninsured Motorist coverage on your insurance policy and how much your coverage is.
Then you need to find out how much insurance the person who hit you has.
in California the other person is not required to tell you unless you file a lawsuit. Then they have to tell you.
Your case sounds like it has enough value for you to be represented by a personal injury attorney.
Your biggest problems may be if you do not have have Uninsured Motorist coverage on your own policy or the other person has no insurance or insurance with very low limits.
Good luck.
John Burns

Persons reading this advice do not yet have an attorney client relationship with attorney John P. Burns and shall be solely and individually responsible for their own actions in this regard.

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