what is the statue of limitations on premises liability or negligence in California? My wife was injury in a Supermarket by an employee and the insurance company says they are willing to settle but that we need to first file a case. She was injured on Aug 1st 2006 and now in July of 08 they had me email a settlement agreement followed by medical records. I can file whatever they need but do you think this is real or what?
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statue of limitations California
3 Answer
July 17th, 2008 @4:37 pm
My wife is legally disabled and this “accident” has “aggravated preexisting injuries.” We have a two year old son that I had to take off work of help raise because she could not chase him around was he started walking. He will be three in Oct. and going to preschool and I’ll be back work. The lawyer we had suggested that we settle the case ourselves( for reasons I’d rather not get into). My fear is that California’s Statue is one year which is passed; the company involved is located in Tennessee. The statue there is two (2) years. I should filed in Tennessee ??? Anyway. There Rep says we should file to protect ourselves in case they don’t cut the check b4 August 1st. If they were going to pay they should just do so.
July 17th, 2008 @4:49 pm
By the way I had an attorney look over the settlement agreement that I came up with. She said she wished she wrote it. The insurance rep was pleased with it. I just can understand why we need to file something in court if they really plan on paying….. How long does it take to sign an agreement (that is verbally agreed to) and cut a check. I the last two weeks I have re-sent med records ( E.R. and regular Doc) along with the settlement agreement all because the rep claims that the last rep didn’t do his job properly. This matter has change insurance reps 6 times and 4 four states in a year and 10 months.
How injured was your wife? Did you contact a personal injury lawyer based in California? I wouldn’t sign anything unless I had a qualified lawyer look at it.