Len Tillem and Associates

Have you been hurt in an accident? If so, you may be able to recover money damages. The following questions will help you determine whether or not you have a case and, if so, whether it is worth much money. Remember, though, there is no substitute for the advice of an attorney who has been able to personally review the specific facts of your case.

1. Was the accident caused by someone else, or by a defective product? If so, go on. If you caused the accident yourself, you do not have a case.
    
2. When did the accident happen? Up until January 1, 2003, the statute of limitations for a personal injury lawsuit in California was one year. Because of a recent change in the law, the personal injury statute of limitations has been increased to two years for injuries occurring on or after January 1, 2003 and for injuries resulting from the terrorist attacks of September 11, 2001. Some legal commentators feel that the two-year statute of limitations may apply retroactively to injuries that occurred prior to January 1, 2003, but there is no guarantee that this will be the case. However, even if you believe your case is beyond the statute of limitations, you may still be able to file a lawsuit. A number of factors can postpone the expiration of the statute of limitations in specific cases. For example, if you were under the age of 18, insane, or incarcerated at the time you were injured, you may still be able to recover. If you have been injured, there is no harm in checking with a lawyer, even if you feel your case is beyond the statute of limitations.
    
3. Were you treated for your injuries by a doctor, a chiropractor, or some other health care provider?
    
4. Did you miss time from work due to your injuries?
    
5. If the accident that injured you was an automobile accident, did you have insurance at the time of the accident? In California, if you were not insured at the time you were involved in an accident, you cannot sue for your pain and suffering, even though the accident was entirely someone else's fault. You can, however, sue for the amount of your medical bills, lost wages, damage to your car, and other out-of-pocket expenses.
    
6. If the accident that injured you was an automobile accident, did the other driver have insurance at the time of the accident? This is an important consideration, because if the other driver was uninsured, he or she probably does not have money to pay you. So, even if you win your lawsuit in court, you may not be able to collect the money. BUT, if you were insured yourself, you may have "uninsured motorist" coverage, which will pay the amount that the uninsured driver would have been responsible for. Insurance companies in California are required to offer this coverage, and if you do not know whether you have it or not, check your policy, or ask your agent.