QUESTION

Can I still collect accident money if I am 4 years late?

Asked on Feb 14th, 2013 on Personal Injury - Illinois
More details to this question:
I got into a car accident at age 15. Now I'm 19. The reason why I am so late because I just got told that and I forgot about it. Would it be a problem for being late? Everyone in the car got accident money. I did physical therapy for a while. How can I collect it? What steps? And what proper id do I need to collect it. Would I need a guardian to do so?
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18 ANSWERS

Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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At this time, it is very likely that you have lost any legal rights to recover any money since it is four years post accident and you are 19 years old.
Answered on Apr 04th, 2013 at 2:38 PM

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The statute of limitations of 2 years probably did not start until you turned 18. I recommend that you file immediately.
Answered on Apr 01st, 2013 at 2:58 AM

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Ronald A. Steinberg
Probably not. Too late.
Answered on Feb 25th, 2013 at 3:28 PM

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Edwin K. Niles
There is a two year statute of limitations, which in your case starts to run at age 18. You have until age 20 in which to settle your claim or file a suit. It is suggested that you see a lawyer who specializes in personal injury ASAP. You are now an adult and do not need a guardian.
Answered on Feb 21st, 2013 at 2:19 AM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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If you're in Texas, you may still have a right to sue because you've attained the age of majority since the accident and less than two years ago. You need help with this.
Answered on Feb 19th, 2013 at 9:35 PM

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Get a lawyer. The 2 year statute of limitations is tolled while you are a minor. Thus you have until you're 20 to sue for a personal injury claim.
Answered on Feb 19th, 2013 at 9:06 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You have 3 years from the date of your 18th birthday to follow up with a claim. You are of full age and can do what you please. If you had a genuine injury get you a PI lawyer. if you are just looking for something for nothing (almost nothing) talk to the adjuster yourself and see what he/she says. If the injury is small, slight and bills are small/slight there aint much to talk about.
Answered on Feb 19th, 2013 at 7:55 PM

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Andrew Traub
Because you we're a minor it may be possible.
Answered on Feb 18th, 2013 at 11:50 PM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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It should not be too late, as you recently became an adult.
Answered on Feb 18th, 2013 at 11:49 PM

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In California, if you got into a personal injury matter while a minor, the statute of limitations does not start to run until you turn 18. So, since you are 19, you still have until your 20th birthday to bring a claim. I would suggest you get an attorney to help you file a claim.
Answered on Feb 18th, 2013 at 11:44 PM

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Personal Injury Attorney serving McAllen, TX
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Since you were a minor when the crash happened, you have until one day before you turn 20 to file a lawsuit. In short you are not too late. That being said there may be other issues involved in your case. How many people were injured in the crash? How much money is left on the insurance policy or policies at play? You need a good lawyer to help you with this. Do not delay another day.
Answered on Feb 18th, 2013 at 11:42 PM

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Civil Practice Attorney serving Redmond, WA at Magnuson Lowell P.S.
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Assuming the accident was in Washington, you're OK. Under normal circumstances, you have to make a claim within 3 years of the accident. The one exception is when the person involved in the accident is a minor. In that case, you have 3 years or until you turn 21 - whichever occurs last. So since you were 15 at the time of the accident, and you haven't turned 21 yet; you are not too late to file a claim against the other driver. I suggest you contact a personal injury attorney for help in making a claim.
Answered on Feb 18th, 2013 at 11:40 PM

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James Eugene Hasser
You have 6 months from your 19th birthday to do something about it, if nothing has been done yet. Talk to an Alabama lawyer familiar with accident law. Good luck.
Answered on Feb 18th, 2013 at 11:38 PM

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You don't need a guardian if you are now 19. It sounds like the case was settled and the damages distributed. If you forgot about it I doubt that your injuries were severe. Your best bet is to contact the lawyer who represented the victims the first time around and ask him or her. (You can find out who it was, if you don't remember, by checking the public state court database, usually called 'CCAP.')
Answered on Feb 18th, 2013 at 11:36 PM

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Premises Liability Attorney serving Herndon, VA at Abrams Landau, Ltd.
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Children get a longer "Time limit" than adults in Virginia. Often the "time limit" (called the: "Statute of Limitations") is 2 years from the date of the car crash, but for kids under 18, it is until they are 18, and then 2 years. You should absolutely check with an experienced lawyer, licensed in Virginia, who actually goes to court and tries these kinds of cases from a real law firm in a real law office. The case is certainly more difficult due to the passage of time and the possible disappearance of evidence and/or witnesses. The insurance money may have been exhausted by the other victims' recoveries, so you may have to see what insurance was available to you and the other members of your household at the time. In cases of permanent injury, scarring, etc. it is important to get evidence of the costs, need and time necessary for the future medical care. A Guardian is not generally needed unless someone is under age, mentally incompetent or otherwise "unavailable" or unable to help in the prosecution or defense of their own claim or interests.
Answered on Feb 18th, 2013 at 11:35 PM

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Personal Injury Attorney serving Los Angeles, CA at Law Office of Malosack Berjis
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In California, for example, the statute of limitations, for personal injury claims, is two (2) years. However, in some instances, the statute of limitations is suspended (or, ?tolled?) for a period of time, and then begins to run again. You need to contact a local personal injury to see if this would apply to your case.
Answered on Feb 18th, 2013 at 11:34 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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In SC the Statute of limitations is 3 years. It is tilled while you are a minor, and then you have one year from the time you turn 18 to file suit. Since you are 19, I would assume the Statute of limitations has expired. I would not worry about what you gave up by not filing. If you have no permanent injury, about all you could get is your medical bills, which I assume someone else paid.
Answered on Feb 18th, 2013 at 11:33 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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You should call an attorney.
Answered on Feb 18th, 2013 at 11:33 PM

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