Waiting for Injuries to Stabilize Before Making Claim

Waiting for Injuries to Stabilize Before Making Claim

In another phase of the pre-lawsuit period of most personal injury claims, the person’s injuries typically have stabilized or reached a point of being “permanent and stationary.” It is at this time that an assessment of the extent of one’s damages may be made, since the amount of medical expenses, wage loss, and pain and suffering usually are ascertainable. It is for the same reason that a claim for settlement on the insurance company of the person who caused the injury may be made with a reasonable degree of certainty. This is not always the case, however, as some injuries may be serious and take a number of years to fully manifest. This can be particularly true in brain injury cases and cases involving minors. Nevertheless, in most cases a demand can be made on an insurance company before the two years has run that one has to file a personal injury lawsuit in California. (Some exceptions to this two year period apply, so beware!).