How long after a car accident do I have to sue?

Question

The accident involved a car and a bicycle.

Michael Heilmann · Answer

That would be three years.

Gregory Crain · Answer

That would be 3 years.

Steven Urban · Answer

That would be 2 years.

David Stoddard · Answer

3 years against an individual or private business, 2 years against the government.

Jeffrey Lapin · Answer

I will assume you were the bicyclist although the answer is the same if you were the car driver. The answer to how long you have to sue after an accident depends on (1) whether the person who hit you was working for the government or a political subdivision (such as a school district) at the time of the accident; and (2) your age. The length of time you have to either have a case resolved or have a lawsuit filed is called a "Statute of Limitations." Once the statute of limitations expires you lose, assuming that the defendant raises it as a defense, which occurs in almost all cases,  Generally, for vehicle accidents in Nebraska involving private citizens you have four (4) years from the date of the accident to either have the case settled or to sue. If the driver was working for the government (federal, state, county, city or local) or a political subdivision (such as a public school) you must file a written claim (a "Tort Claim"), either within 1 or 2 years depending on who is involved, and have a limited amount of time after that to file suit. There are specific requirements for claims against the government, a political subdivision or any of their employees. As your question does not indicate that any of these are involved, I will not further discuss Tort Claims.  If you are under the age of 20, you have until your 25th birthday to sue. However, if you were under the age of 19, your parent's claim for payment of your medical expenses (parents are responsible for the medical bills of their children) would be the same as if you were adult. The statute of limitations for your claim if you are under 19 items such as pain and suffering and other items, would be until your 25th birthday.  There are other things that can shorten or extend the statute of limitations.  As you do not indicate whether the car driver was a "private" citizen or working for a governmental entity nor list your age, I cannot state how long you have to sue.  I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can find out the statute of limitations for your case and whether there might be other requirements that shorten the time you have to sue or make a claim.

Robert Lucky · Answer

You have one year from the date of the accident to file suit or settle.

Donald Broad · Answer

The limitations period (commonly referred to as the "statute of limitations") for personal injuries varies from state to state, but in most cases is two (2) years from the date of the accident.  You should consult with a personal injury attorney in your state to be certain of your particular rights.

Jeffery Robinette · Answer

In West Virginia you have two years from the time of the event to file a lawsuit.

Ronald A. Steinberg · Answer

3 years in Michigan.  Different in other states.

Larry Klein · Answer

If you are suing for personal injuries, the Statute of Limitations in California is two years from the date of the accident.  If you are suing for property damage, the Statute of Limitations is three years from the date of the accident.

Charles Robert Cleveland Jr. · Answer

In California there is a two-year statute of limitations on personal injury cases. Meaning that if you do not file your lawsuit within two years of the date of occurrence you are barred forever from recovering for that loss.

Ronald Lowry · Answer

If the claim is for an injury the statute of limitations for personal injury claims is 2 years measured from the date the incident happened.

Jerrie Weiss · Answer

In California, 2 years.

Jenny D. Hubach · Answer

Two years from the date of the accident.

Richard Lowell · Answer

Assuming you are over 18 years of age, you have 3 years from the date of the accident to commence a lawsuit.

Dennis P. Mikko · Answer

The statute of limitations for a personal injury action in Michigan is 3 years.

Leonard Schwartz · Answer

2 years in New Jersey unless you are a minor in which case it is 2 years from when you turn 18

Dean Esposito · Answer

Suit must be filed within one year from the date of the accident.

Joel Selik · Answer

In California, you have two years to sue for personal injuries  unless you  are suing a governmental entity, for example, if the vehicle was  owned or  operated by a City or School, or if you are suing for dangerous design  of a  roadway and then you must file a claim with the governmental entity within   6 months.

Charles E. Cartwright · Answer

In Florida, four years unless the state or its agencies or subdivisions caused the accident. It is three years in that case.

Timothy Klisz · Answer

One year for certain benefits and three years for pain and suffering.

Paul Whitfield · Answer

Three years. Was the injured party a child? If so, 3 yrs after the child reaches majority (18).

Thomas Patton · Answer

Depends upon the jurisdiction (state). Where I practice, in Oregon it is 2 years and in Washington its 3.

Eric Haag · Answer

In most situations you have 3 years to sue.  There are exceptions.  For example, if the injured person is a minor the time period is longer.  If the at-fault party is a governmental employee, the time frame may be shorter.  An attorney can help you evaluate that statute of limitations that applies to your case, but in general, 3 years is the personal injury statute of limitations that applies to most accidents in Wisconsin.

Chadwick Lawrence · Answer

You have four years from the date of the accident to file a lawsuit in Florida.  If you wait beyond that date your claim will be barred by the statute of limitations.

Ernest Lee · Answer

Friend, it depends on your states statute of limitations. 'Statute of Limitations' are the laws in your state that say how long you have to exercise your right to do certain things, usually to sue. In California you would  normally have 2 years from the date of the incident or the date you discovered an injury from the incident.

Britany Engelman · Answer

Generally you have two years from the date of the incident to sue. However there are some exceptions to this general rule. You should consult with a lawyer regarding your particular fact pattern.

Willie Stephen Graves · Answer

Generally two years. Maybe longer if the plaintiff was under age 18 when the accident happened.

Steven A. Schwartz · Answer

In a typical car accident claim in Massachusetts, you have 3 years from the date of accident to file a complaint in the proper court. Otherwise, your claim is barred forever.  If it is a claim you are making with your own policy, such as an uninsured or underinsured claim, then you would have 6 years.  This would apply in situations like a hit and run, defendant stole the vehicle, etc. where the at fault party insurance is either unknown or doesn't apply.

Joseph John Ganz · Answer

Three years from the date of the collision to file the lawsuit.

Ronald Anderson · Answer

The statute of limitations in Iowa for personal injury claims is two years.

Scott Behren · Answer

In florida normally would have 4 years to sue for negligence.

Rodney Smith · Answer

2 years, as long as a minor is not involved.  If a minor is injured, then a minor has 2 years after they turn 18 to sue.

Matthew Kaplan · Answer

In Oregon you have two years to file a lawsuit, unless there was a death. If someone died, the estate has 3 years.

Brian Bourke · Answer

In California, a lawsuit for personal injuries must be filed within two (2) years from the date of the accident for an adult, and two (2) years after reaching the age of 18, if it was a minor who was injured.

Kenneth Ricks · Answer

In California you have 2 years from the date of the accident unless a defendant is a public entity, then you have 6 months from the accident to file claim and then 6 months after the claim is denied (they're all denied) to file suit. If you are a minor the clock doesn't start ticking until you turn 18.

David Hibbert · Answer

In the State of Georgia there is a two year statute of limitations on personal injuries and a four year statute of limitations for property damage. Unless there are some other factors that meet certain exceptions to the rule , age or lack of capacity for a couple, no suit brought outside the time limits is allowed.

Linda Chalat · Answer

In Colorado there is a three year statute of limitations for motor vehicle accidents - you have three years in which to file your lawsuit from the date of the accident, after three years you lose your right to file a claim.  This limitation applies to all accidents involving a vehicle including a car-bicycle accident.

David Blain · Answer

Generally speaking, you have two years from the date of the injury to file a lawsuit. See C.C.P. Section 335.1.

Joseph Lipsky · Answer

Assuming your car accident occurred in Florida, there is a four year statute of limitations for you to file a lawsuit against the person(s) who caused your damages.

Steven Fairlie · Answer

You generally have two years from the date of the accident, but there can be some situations where that changes, such as if you are suing PennDOT or any other governmental entity.

davida francis · Answer

The statute of limitations in Nevada is two years for personal injury cases.

Arthur Aiken · Answer

In South Carolina, you have 3 years.

Jonathan Jilek · Answer

I Michigan there is a three year statute of limitations for third party automobile negligence claims. There is a one year statute of limitations for first party claims.  There may be shorter or longer periods of time for notice and suit on uninsured or underinsured motorist claims.

Brett Rosenthal · Answer

2 years for personal injuries

Matthew Kober · Answer

The standard statute of limitations for a car accident is 4 years.  That could be shorter if there any issues in the case, especially if someone died or you are suing any government entity.  You should consult an attorney to understand which statute applies in your case.

Paul Samakow · Answer

Virginia's Statute of Limitations is 2 years.

Eric Rothstein · Answer

3 years assuming the person you are suing are private citizens. This also assumes you are an adult.  The above is for informational purposes only and not meant as legal advise.

Kevin Habberfield · Answer

Typically 3 years from the date of the crash but, there could be other factors that would shorten or lengthen this time period so don't wait finding an attorney.  Good luck.

David Craig · Answer

Typically you have two years to file suit for an injury received from a car accident.  That is what is called the statute of limitations.  However if you were under the age of 18 then you would usually have two years beyond your 18th birthday.  The exception is if you are emancipated before your 18th birthday then you would have two years from the date of your emancipation.

Jon Buchholdt · Answer

There is a two-year statute of limitations for personal injury.

Houston D. Smith III · Answer

Two years is that statute of limitations for personal injuries in Georgia, assuming you are not a minor.

James Kelaher · Answer

The statute of limitations in Florida for general negligence, which includes automobile accidents, is four years from the date of the accident.

Stuart Nachbar · Answer

NJ has a two year Statute of Limitations

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