Expert: Ron Cercone - 11/12/2009

Question
Hi.  First-thank you for your time.  I had a bicycle accident in Jan. of this year.  A fencing company was dismantling temporary fencing (in a very unsafe manner) and a long link of it fell into the bike lane and onto me.  Their insurance company assumed liability right away.  I have been attempting to settle for medical/pain and suffering, but was recently diagnosed with a hernitated disc in my neck which my neurosurgeon believes was caused by the accident, as my symptoms are the same as right after the accident.  I want to include these new medical bills in a new settlement demand to the insurer.  If they do not accept that this was a result of my bike accident (as it was diagnosed  several months after the fact) how long do I have to file a lawsuit?  I believe that my disc was probably ruptured in the accident and became fully herniated months later.

Answer
This is why you need an attorney. This is not a simple "soft tissue" injury claim. A good attorney will make the difference between you getting 2 and 4 times your medical bills for pain and suffering, etc., as well as documenting and getting coverage for the late symptoms. Most states give you 12 months to file suit from the date of loss. Check with your local small claims court or call one of those big yellow page ad accident attorneys.