QUESTION

Can i sue for a spine injury that happened 6 years ago?

Asked on Jun 07th, 2012 on Personal Injury - California
More details to this question:
I was a passenger in a car and he severely crashed into 5 trees in October of 2006. I received a compression fracture in my lower back, L4 (lumbar area); which has stopped me from doing many active things that I used to do like cheerleading and running. Ill never be able to snowboard or go tubing because the pain never went away. So I went to an appointment yesterday with a spine specialist to see why it still hurts. They told me I have arthritis of the spine and I'm only 22 years old. Is there anything I can do??
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7 ANSWERS

Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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The statute of limitations for personal injuries in a negligence claim (which this is) is two years. If you are a minor when the accident occurs, you have two years from the date you turn 18 to file a lawsuit. I don't know why you didn't get legal advice or make a claim 6 years ago, or 4 years ago, when you turned 18, however, your last day to file a lawsuit (unless there are some very narrow circumstances which prevented you from doing so) was on your 20th birthday. You are likely no longer able to legally recover for these damages as against the driver.
Answered on Jul 06th, 2012 at 12:53 AM

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Jerome Marshall Applebaum
Without knowing why you didn't pursue this while you were still a teenager (16, 17), the statute of limitations on personal injury in California is two years from the date of the injury; this is stayed, meaning the statute does'nt start to run, until you reach the age of majority. The age of majority or becoming an adult so that you can enter in to contracts on your own, vote, obtain a driver's license without parental consent, etc., is reached on your eighteenth birthday.
Answered on Jul 03rd, 2012 at 4:21 PM

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Unfortunately, in California, the statue of limitations is two years from the date of the injury/accident, unless you were under the age of 18 at the time and then it is two years from your 18th birthday.
Answered on Jul 03rd, 2012 at 2:57 PM

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The statute of limitation is 2 years for personal injuries. Thus, you must file a lawsuit within 2 years from the date that you became aware of your injuries to preserve your claim.
Answered on Jun 29th, 2012 at 11:15 PM

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Real Estate Litigation Attorney serving Newport Beach, CA at Fink & Abraham LLP
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Statute of limitations is normally 2 years from date of accident. You waited too long.
Answered on Jun 29th, 2012 at 7:50 PM

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Personal Injury Attorney serving Irvine, CA at Law Offices of C. Mark Hopkins
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Assuming that you are 22 years old today (in June of 2012), and your accident happened 5 1/2 years ago in October of 2006, then it appears that your accident happened when you were approximately 16 1/2 or 17 years old. California law allows a lawsuit to be filed by a minor (someone less than 18 years old) no less than 2 years after their 18th birthday. That is, as I understand your facts, the statute limitations should have expired for filing a lawsuit no later than your 20th birthday. Therefore I am not aware of any legal basis for your being able to successfully file a lawsuit at this point, unless you qualify for an extension of the statute limitations be on your 20th birthday, under the exception that an insurance company has been promising to settle a case with you for the past few years and was simply stalling to allow the statute limitations to expire. You should run the complete facts by an attorney face-to-face to confirm whether or not you still have any legal rights. Also, did the driver of the car have insurance? Did you receive any insurance money from the insurance company? Did a judge approve that settlement in court? These are all relevant questions that you need to obtain answers to promptly. Good luck.
Answered on Jun 29th, 2012 at 7:47 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Unfortunately, the statute of limitations for personal injuries is two years from date of the motor vehicle accident and given that was 6 years ago even with attempting to argue some creative theories on tolling the statute don't believe it can be revived. Sounds like you were 16 at the time so the statute didn't begin to run until you reached majority (18), which was 4 years ago and therefore sounds like statute of limitations expired 2 years ago.
Answered on Jun 29th, 2012 at 7:46 PM

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