QUESTION

Can I file a suit for an accident that occurred 5 years ago?

Asked on Oct 17th, 2013 on Automobile Accidents - California
More details to this question:
My father was in an accident in 2008. He was hit from behind and his vehicle was projected into the woods. He went through almost of year of physical therapy for his arms and legs. He had to close his business, and suffers for major knee and leg pain. His legs and knees have never been the same since and he has had to wear crutches. He is older but he was in good shape before that accident. The lawyer assigned to the case rejected the case but we don't know why. We are having the file pulled to see why. Does he have any chance of getting anything for his pain and suffering and medical bills related to the accident?
Report Abuse

13 ANSWERS

Insurance Coverage Attorney serving Morgantown, WV
3 Awards
The statute of limitations (the deadline for filing a lawsuit) in West Virginia is two years.
Answered on Oct 18th, 2013 at 6:41 AM

Report Abuse
Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
Update Your Profile
In Michigan, it is your own vehicle insurer that pays Personal Injury Protection (PIP) benefits, which include crash related medical treatment/testing expenses for life. So, as long as the insurer was put on notice within 1 year of the collision by the filing of an Application for Benefits (AFB) then they continue to be responsible for crash related medicals. You would simply turn the bills in to the insurer your father had on his vehicle as of the date of the crash. They would be entitled to ask any treating doctor to confirm whether such treatment is in fact related to the crash and/or to have a doctor of their choosing do an exam on your dad and/or review the medical records to give an opinion on relation to the past crash. The insurer could contest whether the injuries are crash related (and more often than not, they seem to do that if there has been a gap in time and/or treatment). If the insurer contests the bills, you'd need to consult a lawyer to see if the case would be worth filing (which will be dependent on the amount in question and the strength of the medical proofs). It is highly unlikely a pain & suffering case would be available any longer as the statute of limitations in Michigan is 3 years. There are certain limited exceptions which "toll" (suspend) the statute of limitations and you could consult local Michigan counsel to explore whether any of same exist in your father's situation (although typically same do not exist in very many cases). If you had a lawyer that had the case and missed the statute, you may have a legal malpractice case against the lawyer, but that has a 2 year statute of limitations and if he/she missed the 3 year statute more than 2 years ago you may be out of luck there as well. Again, a consultation with a local Michigan lawyer is probably in order to determine what cases exist, if any.
Answered on Oct 17th, 2013 at 4:29 PM

Report Abuse
The statute of limitations for personal injury in California is covered by Cal Civ Pro Code section 335.1. If you read the statute, the limit is 2 years from date of injury, thus the statute would have already run and you would not be able to file suit.
Answered on Oct 17th, 2013 at 3:43 PM

Report Abuse
Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
4 Awards
Unfortunately, the statute of limitations requires that a suit be filed within two years of the accident. There are some exceptions, however, based on the information provided, there does not seem to be a basis for an exception to apply.
Answered on Oct 17th, 2013 at 3:29 PM

Report Abuse
James Eugene Hasser
In Alabama, he would be too late to go after another driver. However, it never hurts to get a second opinion. Good luck.
Answered on Oct 17th, 2013 at 2:37 PM

Report Abuse
Thomas Edward Gates
No, you missed the statute of limitation period.
Answered on Oct 17th, 2013 at 2:30 PM

Report Abuse
Ronald A. Steinberg
Every state has its own Statute of Limitations, which is a time frame during which a suit can be filed. In Michigan, it is three (3) years for an accident like this, but in other states it can be more or less. The ONLY way to extend the date is if the victim is under a disability. So, if your father in law was rendered into a coma, or suffering severe brain damage or significant emotional problems that would prevent him from cooperating with his lawyer, you might be able to extend the time. From your explanation, I do not think that is the case. You need to ask a lawyer in your state about the Statute of Limitations in an auto accident case.
Answered on Oct 17th, 2013 at 2:18 PM

Report Abuse
Personal Injury Attorney serving Salt Lake City, UT at William Enoch Andrews Injury Lawyer
Update Your Profile
Unfortunately, no. In Utah, you have 4 years from the date of the accident to file an injury lawsuit in court. So, since you stated that your father's car accident happened 5 years ago, the time to file the case has ran out.
Answered on Oct 17th, 2013 at 2:11 PM

Report Abuse
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL at Law Offices of John W. Merting, P.A.
Update Your Profile
There is a 4 year statute of limitations for auto accident cases in Florida. Check to be sure the lawyer rejected the case before the 4 years ran if he rejected after the 4 years, but was retained to handle the case he missed the statute of limitations which is legal malpractice and your father could assert a claim against that lawyer if that was in fact what happened.
Answered on Oct 17th, 2013 at 2:10 PM

Report Abuse
In WI, the statute of limitations on a negligence action is three years, so it would appear to have expired, barring suit on a negligence claim. Absent some other theory of recovery, he is probably out of luck.
Answered on Oct 17th, 2013 at 2:08 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
If you are in Michigan it is doubtful, but I need the details to form a firm opinion. You are very late and therefore lost rights already, and more are at risk every day. get on it.
Answered on Oct 17th, 2013 at 1:45 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
There is a 3 year statute of limitations in this state. If the lawyer did not want to pursue it there must e a good reason no insurance? No assets? Why don't you ask him why.
Answered on Oct 17th, 2013 at 1:45 PM

Report Abuse
Monica Cecilia Castillo-Barraza
In California, the statue of limitations for filing a lawsuit for personal injury is two years from the date of the injury.
Answered on Oct 17th, 2013 at 1:45 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters