QuestionI was in a car accident in the state of Illinois last May 26 2006. I was hit from behind and I sustained injury to head and right eye and neck and back but nothing too serious but still hurting in back area. The other person was at fault had insurance thur GMAC. My insurance company is Progressive and since I live in Florida I have PIP so they are paying for medical. My question is. There insurance company is wanting to settle and I'm not ready to settle yet and since the accident happen in Illinois and I live in Florida I was wondering about the statue of limitation. Do I go by Illinois statue which is 2 years or Florida's which is 4 years or by GMAC which is based out of North Carolina since they are the ones making me a settlement offer. Thanks Zenaida
AnswerHi Zenaida,
You raise two issues: 1) statute of limitations; and 2) when to settle vis-a-vis recovery from your injuries. I will address them in that order.
The statute of limitations exists to bring finality to a negligent action committed by a person we call the tortfeasor. The term during which a legal action must be commenced is defined by each state, as you have discovered. But in the case you present ONLY ONE STATE among those mentioned has the jurisdiction to entertain a lawsuit.
This is called subject matter jurisdiction, and it determines which state's laws will govern the action. In your case it is Illinois, the state where the accident took place. Hence, the shorter statute governs.
Here is a link to excellent tort statute of limitations information http://www.settlementcentral.com/page0452.htm
As for the topic of holding off on getting a settlement right away, SMART THINKING. ANY EYE INJURY IS POTENTIALLY SERIOUS. And the fact that your back is still hurting tells me that you sustained some pretty good trauma, Zenaida.
DO NOT SETTLE YOUR CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT YOUR SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY WITH PHYSICAL ACTIVITIES. That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.
Let's just finish up this topic of early settlements so you get the full picture of the advantage to them and the risks to you. Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued medical/therapeutic care over the months. Therefore, the insurance adjuster will try to settle before your claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three months of treatment.
Your body suffered a VERY LARGE TRAUMA it sounds like, and as I said, I DO NOT LIKE ANY EYE INJURY. Plus, it likely impacted your soft tissue connections in ways we do not yet even know. In soft tissue cases the full extent of most injuries is not known immediately because the injured person has to undergo some of the wear and tear of everyday life, including the pounding her body will receive from a day's work. Even jobs that appear not to be physically demanding can be hard on an injured body.
For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your body will respond until you have experienced sufficient physical exposure to load-test the scar tissue as you heal.
Plus, who will pay for your medical care incurred AFTER you settle? What if you were to settle now and three weeks later when you mow the grass or go boating or water skiing (had to work in a little Florida local color there) and the pain starts to become too much, you go to a chiropractor only to discover that you can expect a course of treatment that will cost a lot of money?
After you settle your claim, all further treatment is your responsibility. Except in specific, unusual situations, you cannot go back and re-open a settlement: when you cash the check, you agree to close your claim in all aspects. Check with your PIP adjuster to find out whether they will pay anything once you close the claim against the tortfeasor.
Here is another page from my website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm
And, of course, once you settle, THAT IS IT: no one will be there to pay for your future medical or chiropractic care; nor will you ever see another dime in pain and suffering money. By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
There may be a dull ache at night following some physical activity or pain the next morning. DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY. We all hope and believe that such little pains will disappear soon. But on the other hand, we have no way of knowing since this is the way serious soft tissue injuries can behave.
So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION. It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm
According to Our http://www.SettlementCentral.Com Members, Chiropractors are Most Effective in Severe Whiplash and Soft Tissue Car Accident Injuries http://www.settlementcentral.com/page8010.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm
The final topic is to explore how you wish to handle the claim from that distance. Maybe you should explore ways of making a do it yourself personal injury insurance settlement http://www.settlementcentral.com/page0014.htm
At least learn some of the ways that you can handle things and see if that is for you or not.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
