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Ask Legal-Kal Your Own Question
Legal-Kal, Attorney
Category: Personal Injury Law
Satisfied Customers: 585
Experience:  Attorney at Law Offices of Khaled Issa
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I had a personal injury at a Tsrget store. I made the

Customer Question

I had a personal injury at a Tsrget store. I made the initial claim after the accident however i wasnt able to contact the insurance company for over one year. Its been over 2 years and the adjuster said its too late. Is two years the statue of limitations even though I initially already opened the claim? I thought it would only apply if I hadnt opened it.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Legal-Kal replied 1 year ago.
Good afternoon: My name is ***** ***** I would be happy to provide general information regarding your question. From time to time, an expert here will come across a question that, based on the existent laws, mean bad news for an individual. I am sorry to inform you that one of these times is present in your question. The Statute of Limitations means that a lawsuit MUST be filed within a certain time. Here, the SOL for a personal injury claim stemming from another's negligence is 2 years. The SOL begins to run (i.e., start) from the moment the accident happens. What happens in the meantime (negotiations with an adjuster) does not affect or change the SOL. While people who are negotiating with an adjuster attempt to resolve the claim prior to the expiration of the SOL, when it is clear that the claim will not be settled (or if the SOL date is fast approaching) filing a lawsuit is required. Otherwise, the SOL will then forever bar a filing of a lawsuit based on the accident. Therefore, because the SOL (based on your question) has expired, you are indeed barred from filing suit in this action. When this occurs, the adjuster knows you have no legal leverage as there is nothing you can do, and they can (and will as they are lawfully entitled to do) deny your claim. I am sorry to be the bearer of bad news. However, as an expert here, I can only be of true assistance to individuals by providing candid and accurate information (as opposed to saying something that a customer wants to hear, even though it is inaccurate). Do you have any questions based on this? If so, please ask and I would be happy to provide further information or clarify anything I have mentioned here. If not, please remember that experts here are not employees of JustAnswer and do not get credited for assisting a customer until the customer clicks ACCEPT and rates the assistance provided (just the assistance and not the bad news as that would be merely "shooting the messenger"). Your cooperation in this regard would be greatly appreciated! Thank you.
Expert:  Legal-Kal replied 1 year ago.
Good afternoon: Just a reminder, if you have no other questions regarding this topic, please remember to click ACCEPT and rate the assistance provided as that is the only way experts can be credited for taking the time to provide general information to individuals.Thank you!