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AV Preeminent Peer Rated Attorneys
Gregory Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Gregory Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Personal Injury Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Is there anything I can do about a personal injury that happened twenty years ago?

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Answered by attorney Michael Lee Bodey (Unclaimed Profile)
Personal Injury lawyer at Law Offices of Bodey & Bodey
I would require additional information on your situation. However, assuming it was a motor vehicle accident that injured your spine, then in 1989, the Washington State Supreme Court held that a 6 year contract-based statute of limitation applies to UIM claims, rather than a 3 year tort based statute of limitations. Thus, a three-year statute of limitation applies to claims filed to recover damages for personal injuries received in a motor vehicle accident. This may be found under RCW 4.16.080 (2). However, this may not be your situation. The six-year statute of limitations may apply if the person who hit you did not have insurance or is simply underinsured, and you have a policy which contains underinsured motorist protection. This would allow for a six-year statute of limitations. However, an insured must not confuse his or her UIM entitlement with any right that the insured may also have against their own insurance Co. as a third-party claimant. So let us say, for example, if an insured driver is injured while riding as a passenger in his or her own vehicle, and the collision was the fault of an uninsured or underinsured driver of the insured's vehicle, the three-year tort statute of limitations found under RCW 4.16.080 (2) will apply to the insured's third-party claim against his or her insurer. This is so because the person's status as a named insured does not change the applicable statute of limitations when that person files a third-party claim against his or her own insurer. In addition, one must bear in mind that, if you find yourself in a UIM situation, a close review of your policy may reveal that you are unable to file a lawsuit. Rather, there may be other hoops set up by your insurance company that you must jump through, prior to the filing in court. What you need to remember is if these hoops have not been jumped through by you, as you promised you would do when you purchased policy, then the insurance company can force you to do so and courts are helpless in this matter. Bottom line, a close review of your policy, is warranted in all cases. Washington State's legal system has time limits on which one may make a claim. There are many reasons for these temporal elements. For example, over time, evidence may be corrupted, disappear, witnesses memories fade, scenes for which collisions occurred change, and entities dispose of critical records. The best time to bring a lawsuit is while the aforementioned is not lost or corrupted and as close as possible to the alleged negligent behavior. Thus, it has been my experience as an ex-claims insurance adjuster working with defense counsel on litigation files, and now as a plaintiff's attorney; that insurance companies like to drag out the litigation process in order to advance their profit margins and causes because they know that overtime evidence may be corrupted, disappear, memories fade, scenes for which collisions occurred change and entities dispose of critical records which would allow the plaintiff to prove their case. Therefore, it is the responsibility of the injured party to swiftly bring about changes so that the process may begin and fully executed. Generally speaking, these limitations, or for the lack of a better term, time periods begin when a cause of action is deemed to have arisen, and in some situations when a plaintiff had reason to know of the harm or should have known of the harm rather than at the time of the original event. This distinction is important in cases in which an event which occurred earlier on has delayed ramifications.
I would require additional information on your situation. However, assuming it was a motor vehicle accident that injured your spine, then in 1989, the Washington State Supreme Court held that a 6 year contract-based statute of limitation applies to UIM claims, rather than a 3 year tort based statute of limitations. Thus, a three-year statute of limitation applies to claims filed to recover damages for personal injuries received in a motor vehicle accident. This may be found under RCW 4.16.080 (2). However, this may not be your situation. The six-year statute of limitations may apply if the person who hit you did not have insurance or is simply underinsured, and you have a policy which contains underinsured motorist protection. This would allow for a six-year statute of limitations. However, an insured must not confuse his or her UIM entitlement with any right that the insured may also have against their own insurance Co. as a third-party claimant. So let us say, for example, if an insured driver is injured while riding as a passenger in his or her own vehicle, and the collision was the fault of an uninsured or underinsured driver of the insured's vehicle, the three-year tort statute of limitations found under RCW 4.16.080 (2) will apply to the insured's third-party claim against his or her insurer. This is so because the person's status as a named insured does not change the applicable statute of limitations when that person files a third-party claim against his or her own insurer. In addition, one must bear in mind that, if you find yourself in a UIM situation, a close review of your policy may reveal that you are unable to file a lawsuit. Rather, there may be other hoops set up by your insurance company that you must jump through, prior to the filing in court. What you need to remember is if these hoops have not been jumped through by you, as you promised you would do when you purchased policy, then the insurance company can force you to do so and courts are helpless in this matter. Bottom line, a close review of your policy, is warranted in all cases. Washington State's legal system has time limits on which one may make a claim. There are many reasons for these temporal elements. For example, over time, evidence may be corrupted, disappear, witnesses memories fade, scenes for which collisions occurred change, and entities dispose of critical records. The best time to bring a lawsuit is while the aforementioned is not lost or corrupted and as close as possible to the alleged negligent behavior. Thus, it has been my experience as an ex-claims insurance adjuster working with defense counsel on litigation files, and now as a plaintiff's attorney; that insurance companies like to drag out the litigation process in order to advance their profit margins and causes because they know that overtime evidence may be corrupted, disappear, memories fade, scenes for which collisions occurred change and entities dispose of critical records which would allow the plaintiff to prove their case. Therefore, it is the responsibility of the injured party to swiftly bring about changes so that the process may begin and fully executed. Generally speaking, these limitations, or for the lack of a better term, time periods begin when a cause of action is deemed to have arisen, and in some situations when a plaintiff had reason to know of the harm or should have known of the harm rather than at the time of the original event. This distinction is important in cases in which an event which occurred earlier on has delayed ramifications.
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If the victim of a car accident has medical bills that exceed the defendants auto policy limits, is there any thing additional that can be done?

Answered by attorney Stephen Arnold Black
Personal Injury lawyer at The Law Office of Stephen A. Black
no unless your brother has a UM policy or the at fault driver has assets that can be recovered. His counsel should prepare a letter demanding that the at fault driver execute an affidavit of all assets and liabilities under penalty of perjury and also provide your brother with several years of tax returns before he will sign a release that releases the Ins Co and the at fault driver Steve   Licensed in Fl and Tx
no unless your brother has a UM policy or the at fault driver has assets that can be recovered. His counsel should prepare a letter demanding that the at fault driver execute an affidavit of all assets and liabilities under penalty of perjury and also provide your brother with several years of tax returns before he will sign a release that releases the Ins Co and the at fault driver Steve   Licensed in Fl and Tx
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What should I do after a car accident?

James Peirce Kelaher
Answered by attorney James Peirce Kelaher (Unclaimed Profile)
Personal Injury lawyer at Kelaher Law Offices, P.A.
1) Report it to the police; 2) report it to your own insurance company; 3) seek medical care if your having neck & back pains. There is a new specialty among doctors now called physiatrists who specialize in non-operable musculoskeletal injuries, and I might suggest that would be a good route to go.
1) Report it to the police; 2) report it to your own insurance company; 3) seek medical care if your having neck & back pains. There is a new specialty among doctors now called physiatrists who specialize in non-operable musculoskeletal injuries, and I might suggest that would be a good route to go.
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