Question 1

How long do I have to file a claim?

Accepted Answer

The deadline for filing a claim varies depending on the nature of the claim and the defendant. Not all personal injury claims have a two year statute of limitations. For example, some claims have a 180 day notice period, some claims have a one year filing deadline, and yet others have a deadline of two years, or more. The age of the plaintiff may also affect when the statute of limitations begins to run. Always consult with an experienced attorney as early as possible concerning your claim to learn what kind of deadlines you are facing. Despite your deadlines, there may also be practical and strategic reasons to filing early or late on a claim.

Question 2

What can I recover as damages?

Accepted Answer

Recoverable damages depends on many factors. However, in general, potential damages may include past and future wage loss, property damage, diminution in value, disfigurement, past and future medical bills, lost opportunity, loss of consortium, punitive, and pain and suffering. Your ability to recover these damages depends on the nature of the defendant’s conduct, nature and extent of your injuries, nature and admissibility of the evidence, and the nature and extent of the assets of the defendant and/or their insurance policies. Timely collecting and preserving admissible evidence in your case is important. A timely consultation with an experienced attorney can help you understand the nature of damages you might be able to recover and what should be done now to preserve the proper evidence.

Question 3

What insurance can I collect against?

Accepted Answer

Some plaintiffs have multiple defendants and numerous layers of insurance against which they can collect, while other plaintiffs are left with no insurance at all. Your ability to collect may depending on many factors like the nature of your accident, nature of the defendant and their conduct, what insurance policies you possess, who you live with, and who owns the vehicles or equipment involved. Properly identifying those insurance policies, assessing the relevant facts, and proceeding with claims in the correct order, may affect the net proceeds to your pocket.
 
A plaintiff also needs to be aware of subrogation rights and liens asserted by carriers and medical providers and when those rights are enforceable. Without knowledge of the enforceability of subrogation rights and liens, an injured person may erroneously pay an insurance carrier who has no enforceable right to the money, or may not pay a carrier who has enforceable rights and will attempt to pursue you for collection at a later date. The amount of money an injured person collects, and from whom it is collected, may also affect the enforceability of subrogation claims and liens. The assistance of an experienced attorney is advisable in navigating subrogation rights and liens.

Question 4

Who else has claims on my recovery?

Accepted Answer

There are many entities that may claim an interest in your recovery. You must know who those potential entities are and how to discover the potential claims being asserted. For example, hospitals may have statutory rights to assert liens against your recovery even though your private health insurance coverage has paid the contracted fee schedule and you have a statement indicating nothing is owed. The enforceability of those liens and the amount that you should pay is dependent on many factors. Liens may also be asserted by treating physicians and your health insurance carrier that has paid medical bills. Again the enforceability of each of these liens depends on the detailed facts and circumstances of your claim. Some liens are subject to negotiation with substantial reduction and others are not. The assistance of an experienced attorney is advisable in handling claims against your recovery.

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