QUESTION
Have I waited too long to pursue my injury due to car accident?
Asked on Apr 22nd, 2013 on Personal Injury - California
More details to this question:
I was in a car accident May, 2012. At the time, I went to the emergency room and had cats cans and MRI completed. I am being billed for thousands of dollars in medical bills and well as suffering with my knee and have back issues due to this accident.
27 ANSWERS
In Nevada it is not too late. You have two years from the date of the accident to file a lawsuit. You can make a demand on the other driver and insurance company immediately, and should do so.
Answered on Apr 28th, 2013 at 9:03 PM
Ronald A. Steinberg
All states have statutes of limitations that control how long you have to sue. You need a local lawyer to tell you your rights in your state.
Answered on Apr 26th, 2013 at 12:56 PM
No, you have still until May 2014 to file a lawsuit and you are not too late.
Answered on Apr 25th, 2013 at 11:45 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have waited too long as far as no-fault is concerned. Whether you were a driver or passenger, no-fault covers you for medical bills and loss of income. But: you have to file your claim within 60 days or you get no benefits. If you can prove that the accident was someone else's fault, you can sue them if you have a "serious injury" as that term is defined by law. The statute of limitations in NY is 3 years.
Answered on Apr 25th, 2013 at 8:14 PM
Ward Merdes
The Statute of Limitations for injury to adults in Alaska is two years. AS 09.10.070.
Answered on Apr 25th, 2013 at 8:01 PM
Personal Injury Attorney serving Jackson, MS
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Jeanine Michele Carafello Attorney at Law
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No, in Mississippi the statute of limitations is three years from the date of the negligent accident.
Answered on Apr 25th, 2013 at 1:52 AM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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In California, you have a two year deadline to file your case in court. So you have until May 2014. If you want to protect your rights and recover maximum compensation, hire a good attorney.
Answered on Apr 25th, 2013 at 1:26 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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You have 3 years from the date of the accident to commence suit against the responsible party if the accident happened in Washington state.
Answered on Apr 25th, 2013 at 1:22 AM
In Iowa you would have two years to file the claim, so you're probably alright filing it now.
Answered on Apr 25th, 2013 at 1:19 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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In Oregon you have two years from the date of loss to file a law suit.
Answered on Apr 25th, 2013 at 1:13 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Statute is 3 years. get you a good lawyer and go.
Answered on Apr 25th, 2013 at 12:58 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan your wage loss, medical expenses and replacement services are paid by your own auto No Fault insurance policy. You must make the PIP claim IN WRITING with your own insurer by filling out an Application for Benefits (AFB) and you must do so WITHIN 1 YEAR of the date of the crash. If you do not file your AFB within 1 year, your PIP claim will be barred. If you do file the AFB and if benefits aren't paid within 1 year of their accrual, you must file suit on any overdue benefits within 1 year of their accrual or you will lose benefits on a day by day basis as you are only allowed to reach 1 year back from the day suit is filed. Your possible 3rd party claim against any negligent owner/driver has a 3 year time limit and your injuries must rise to the level of a serious impairment of a body function that effects your ability to live your normal pre-accident life and/or permanent serious disfigurement in order for you to be allowed to make this claim.
Answered on Apr 25th, 2013 at 12:50 AM
You are still in time to bring a claim and lawsuit under Texas law (since it has not been two years) as long as you were not the driver at fault for the accident. I would consult a personal injury lawyer like myself for advice and prosecution of your claim and rights immediately.
Answered on Apr 25th, 2013 at 12:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Were you at fault or was the other person. If the other person, you have two years to bring a civil action against that person.
Answered on Apr 24th, 2013 at 10:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Take your automobile insurance policy to an attorney and have the matter reviewed today. Generally, you will have no longer, and perhaps a much shorter time than one year to make your claim.
Answered on Apr 24th, 2013 at 10:30 PM
NA richard@jandjlaw.com
You still have a viable claim, in terms of the limitation of action statute. Sounds like, though, that you have a huge gap in time between the MVA, the initial evaluation and then you didn?t treat / see a doctor, and so now the liability insurer will say you must not have been injured very badly, or else you would have kept going to the doctor OR there must have been a new injury to explain why you are having problems now. IF you are having problems you relate to the MVA, you should at least get in to your PCP and get a record of that created, and see if your PCP will want to refer you out for P.T., or further diagnostics.
Answered on Apr 24th, 2013 at 9:59 PM
James Eugene Hasser
In Alabama, you have 2 years to sue. Talk to a lawyer experienced in accident law. Good luck.
Answered on Apr 24th, 2013 at 9:46 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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No, it is not too late.
Answered on Apr 24th, 2013 at 9:46 PM
Monica Cecilia Castillo-Barraza
In California, the statute of limitations for personal injury is 2 years. There are other statutes, for example, 6 months for a claim to a government entity, that may apply - you did not provide enough information.
Answered on Apr 24th, 2013 at 9:42 PM
In Missouri the statute of limitations is five years from the date of the injury. So you have time to pursue your claims and seek the assistance of legal counsel.
Answered on Apr 24th, 2013 at 9:32 PM
Commercial Litigation Attorney serving Dallas, TX
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The Martini Law Firm, PC
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In Texas, you have 2-years from the date of injury to pursue a negligence claim. Since you were involved in a car accident, you may seek to recover damages for personal injuries and property damage to your vehicle.
Answered on Apr 24th, 2013 at 9:32 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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The statute of limitations is two(2) years so you still have time to hire an attorney to file a lawsuit for your injuries.
Answered on Apr 24th, 2013 at 9:27 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The statute of limitations in Florida is 4 years from the date of the accident. If you did not timely report the accident, and your injuries, to your own insurance company, then they may not still be willing to cover your medical bills under PIP. J
Answered on Apr 24th, 2013 at 9:15 PM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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You have definitely NOT waited too long. If you have auto insurance yourself, you should call them up and ask if you have PIP coverage - and if you do, you should send those outstanding bills to your insurer. In the meantime, you should contact a qualified personal injury attorney in your area to assist you in pursuing a claim. In Washington, there is a 3 year statute of limitations. A claim must be commenced against the 'at fault' party before that period expires.
Answered on Apr 24th, 2013 at 9:10 PM
You have 2 years from the date of the injury to file a lawsuit, so you have time. I would suggest hiring an attorney if you want the insurance company to take you seriously.
Answered on Apr 24th, 2013 at 9:08 PM
First, I'm sorry you are having all of these problems, and I hope you can get the medical care you need to start the healing process. Luckily in Georgia, you have 2 years from the date of the accident to file a claim. So while you are not out of time, you should contact an experienced personal injury attorney who can help you assess the specifics of your case and the best litigation strategy. We all offer free consultations so there is no risk, and none of us charge any upfront fees. If we don't get you anything from the case, you owe us nothing. I do a lot of medical malpractice, and my personal bias is to find an attorney who really understands the medicine behind a case, because in this case, there is a significant "gap in treatment" which just means a long time has passed since you had the accident and you were first treated. To really get you a just recovery, your attorney will need to understand how your specific injuries can take time to manifest themselves, demonstrate how painful and debilitating they are, and rule out any intermediate issues that the other side will try and argue actually caused the injuries. You may also have a preexisting condition (like degenerative disk disease) that the other side will try and use to reduce your settlement value. A good attorney will ask you all the right questions upfront so you can build your case and have realistic expectations about the outcome.
Answered on Apr 24th, 2013 at 9:08 PM
If your accident happened in Washington State and was not an intentional assault, you have three years to file suit. However, it is best to hire an attorney right away to protect your rights and secure evidence to support your claim. Most experienced personal injury attorneys will take a case on a contingency basis which means you don't have to pay the lawyer for their time and they will take a share of the recovery for their fee, usually .33 to .40, unless there is an appeal. This works well for the client because they don't have to pay a lawyer's hourly rate up front, and the lawyer is motivated to get the maximum reasonable recovery because it also increases their share.
Answered on Apr 24th, 2013 at 9:08 PM