Expert: Bennie719 - 7/25/2009

Question
Can you explain when is the best time to submit the auto personal injury claim (no fracture and scar case), before or until the treatment stop/recovery? Thanks for your answer.


Answer
Hi Luo,
Not until your treatment stops and you are released by your doctor as being fully recovered
and there will be no need for future treatment.

Only at that time will you be able to calculate your total economic loss which which includes
all medical treatment, any ambulance or emergency room charges, all tests such as x-ray, MRI
or CT scan, total net lost wages, cost of medications and travel expenses at $0.47 per mile.
The total of all these items becomes the basis of determining your settlement demand.

All this must be done before the expiration of the statue of limitations in your state.
That means the case settled and you have a check in hand.  If that can't be done in
time, then you must file a lawsuit to extend the statue.  You could hire an attorney solely
to prepare and file the suit and then keep handling the case yourself but if you fail to
settle or file a suit before expirations of the statue you forever lose all rights to
collect anything on your claim.

Three (3) states have a statue with a one (1) year limitation.  They are Kentucky,
Tennessee and Louisiana.  Approximately 23 other states have a 2 year statue and the rest
vary from 3-4-5 years.

Please write again if you feel that I can be of further assistance.

I hope that you find this information useful.  Your feedback by rating my response will
be appreciated.

Bennie
San Francisco Bay Area