How long do I have to pursue an auto accident and personal injury case?

Question

I was hit by a car 3 years ago. I had a so called lawyer working on my case and when I asked her the status, it had been that she just stopped working on my case without letting me know. The medical bills are piling up and I want the lady responsible for hitting me to be responsible for the bills too... Is it too late to pursue this case?

Eugene Critchett · Answer

Generally in Ohio, you have two years from the date of the car accident to file a lawsuit against the at-fault-driver; however, this time limit may be longer depending on the nature of your case.  I would recommend talking with an attorney to discuss your concerns in person.

Eric Chandler · Answer

You have four years in Nebraska, assuming you are not dealing with some type of government agency or political subdivision.  So no, it is not too late to pursue your claim; however, it sounds as if time is running out.  If your previous counsel has withdrawn, or if you no longer want them to represent you, you should contact a new attorney as soon as possible to avoid missing the statute of limitations.

Frank Sariol · Answer

In California you have two (2) years to file your lawsuit or lose your rights altogether.   If your attorney did not file it for you, he/she may be liable to you for malpractice.   Call your attorney and ask him/het what was done.

Lyle Masnikoff · Answer

No. You have 4 years so hurry and call a personal injury attorney.

Josh Lamborn · Answer

In Oregon the statute of limitations for personal injury generally is 2 years from the date of the accident.  If you had an attorney working on the case prior to the statute running out and she failed to file a lawsuit or settle your case prior to the limit, then you have a cause of action against the attorney for legal malpractice.  You should contact an attorney that specializes in that field and they can pursue that case for you.

Ryan Tomalas · Answer

In California there is a two (2) year Statute of Limitations in California that applies to most personal injury cases.  This means that if you have not settled your claim or filed a lawsuit by the second anniversary of the accident, you may lose your legal rights against the responsible party.  In the context of your claim, this means that if a lawsuit was not filed in relation to your injury claim, you likely can not pursue a claim against the person who caused the accident (or their insurance company).  HOWEVER, if you had an attorney working on your behalf and that attorney did not resolve your claim, file a lawsuit on your behalf before the expiration of the Statute of Limitations, or put you on notice [1] that they were terminating the attorney client relationship, and [2] that the Statute of Limitations would expire 2 years from the date of the accident, you may have a professional malpractice claim to pursue against the attorney.  (Practically this could result in the same type of recovery that you would have received from the original injury claim.)  We handle professional malpractice matters.

Jared Altman · Answer

Your medical bills should have been covered by No Fault. I dont understand why you are paying anything.  The statute of limitations for personal injury cases against private individuals in the State of New York is three years.

Earl Straight · Answer

In Texas you must file a lawsuit within two years of the date of accident.  You may have a legal malpractice claim against the attorney for allowing the statute of limitations to run without your knowledge.

Steven Fink · Answer

In California the statute of limitations for adults injured in an accident is 2 years.  Your case against the person who hit you is over. However, you have a claim against the lawyer for her failure to protect the statute of limitations.  Send her a letter demanding that she pay your medicals or you will take action against her.

Matthew Kaplan · Answer

In Oregon the period of time to file a lawsuit is 2 years.  If your attorney ignored this 2 year period, you have a legal malpractice case against your attorney.

Elizabeth Moore · Answer

Do you know a lawsuit had been filed for you?  If not, in Alabama you may have missed the time to be able to file.  There are certain situations where that is not the case.  I would need to know more details to assess the situation.

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.  Although there is a two-year statute of limitations to file suit, you may have a legal malpractice case if your lawyer failed to advise you of the time limit. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.

Francis Paul Hajek · Answer

In your injury question, you refer to a "so called lawyer."  Does this mean you hired a lawyer or that you just have a knowledgeable friend helping you. If you actually retained a lawyer and he or she is not doing what they are supposed to be doing, you have recourse.  You can hire another lawyer to conclude your case and see what can be done about your other lawyer.  You can also contact your state bar association and complain.  But you need to act now.  Don't wait and hope that things work out.  Get in touch with another lawyer today.

Paul Whitfield · Answer

You have 3 years to file suit. If the 3 years has run you may have a malpractice claim against the lawyer for letting the statute run on.

Bernard Huff · Answer

There is a two year statute of limitation in Indiana for litigating most personal injury cases.

James Kelaher · Answer

It is not in Florida; Florida has a 4 year statute of limitations. Georgia has a much shorter statute so it may be too late. You need to contact another personal injury lawyer and go get your file from the first attorney and take it to the second attorney. If the statute of limitations has run, then you have a legal malpractice case against your first attorney. In Florida, you have 2 years from when you discover the malpractice within which to bring a legal malpractice claim.

Morris Lilienthal · Answer

Each state has different statutes of limitations or time periods within which to bring your claim or it is forever barred.  For example, in my state Alabama a general negligence claim arising out of a car accident must generally be brought within 2 years of the date of the accident.  Whereas in Tennessee, the general statute of limitations on a general negligence claim is 1 year.  But some states such a Florida have longer statutes.  I would suggest contacting a local car accident attorney in your area and they can better advise you on the law in your state.

Lawrence Ramunno · Answer

You need to ask your lawyer what is the time period to sue, in most states, it  is 2 years.

Theodore W. Robinson · Answer

It is very important that you speak to another lawyer today if the three years  is about to expire. The 3 year statute of limitations starts on the day of the  accident and ends three years later. There are some reasons that statute can be  extended, but you'll need to speak to a lawyer about that.  If the statute has lapsed and there are no extensions available to you, then  you'll have so sue the attorney who dropped the ball and the case for  malpractice. The statute on legal malpractice is 2 1/2 years from when you  discovered it or when you should have discovered it. You'll also need a  specialized malpractice lawyer for that suit. Good luck.

Timothy Klisz · Answer

Three years is the limit. If the attorney blew the statute of limitations, you have a malpractice case as well.

Andrew Myers · Answer

Run, don't walk, to another attorney ASAP.  The statutes of limitation in many states are 2 or even 1 year, in my states 3 years.  Your question comes through to me without indicating the state you are in.  However, don't fiddle around with the computer, call an attorney now at this moment before you do anything else.

Sam Louis Levine · Answer

Your matter is a little complicated & you need to talk with an attorney about your options.  Best wishes!

Travis Prestwich · Answer

If the accident happened in Oregon, you only have two years to settle your claim or file suit to protect your rights.  If your lawyer did neither of these things, you may have a malpractice claim against him or her.  Other states have different time limits.  I would contact your lawyer and get a clear understanding of what has and has not happened.

Vincent Bernabei · Answer

In WA, you have 3 years from the date of the accident to file your lawsuit.  In OR, it is 2 years.  If the other driver's insurance co. paid anything, such as property damages, these times may be extended.  You may also have a claim against your attorney for not pursuing your claim. You should contact an attorney right away.

Scott Anderson · Answer

Contact an attorney in your area immediately. The statutes of limitations may have run, they may have not, it just depends on the laws of your state.

David Stoddard · Answer

You have three years.  If it has been 2 years and 11.9  months, get busy. If it has been exactly three years or more, it is too late.

Russell Gray · Answer

The statute of limitations for an auto accident with injuries is four years.  What that means is you have four years from the accident to file a lawsuit.  If  you don't you'll lose your right to bring the case.

Joseph Lipsky · Answer

The statute of limitations for all car accidents in Florida, other than those which result in a wrongful death, is 4 years from the date of the collision. So it would appear you are still able to pursue your claim. We suggest you contact an experienced personal injury attorney without further delay. We offer free initial consultations.

Paul Bovarnick · Answer

Depends on your state.  In Oregon, you have two years from the date of the injury to sue the other driver.  In Washington, you have three years.  If your lawyer has failed to file your law suit within the statutory period, then you have the same amount of time to sue your lawyer, 2 years in Oregon and 3 years in Washington.

Richard Lowell · Answer

Assuming your claim arises in Washington, this is a very concerning situation.  With very few exceptions (for example, if you were a minor at the time of the accident; or ir you are making your claim against an insurance company under an uninsured motorist provision), you must commence a lawsuit within 3 years of the accident - or it may be barred by the statute of limitations.  If 3 years has come and gone, and no lawsuit has been filed - you may have a problem.  If you had retained an attorney - it is that attorney's responsibility to make sure that she has met this requirement.    Your attorney can not just stop working without letting you know.  If she no longer wants to represent you; she must give you adequate notice, and ensure that the notice provided is not so short that it puts you in harms way.  I recommend you talk with your attorney IMMEDIATELY; and if she won't speak with you - then check with another attorney and have that attorney review the circumstances.  Time is critical - since you've indicated the accident was 3 years ago.

Mark Leonardo · Answer

In all likelihood your present recourse is against the attorney for legal malpractice.  The statute of limitation is two years from the date of the accident (assuming you were over the age of 18 at the time of the accident).  There are some possible tolling exceptions, but you are probably past all of that if you are at the 3-year mark.  If you signed a retainer agreement with the lawyer, he or she is probably on the hook.  Many attorneys carry malpractice insurance, which covers blown statutes like this.  If you make a claim against the lawyer, you generally have 1 year from date of discovery of the malpractice, or when you should have known, to sue the lawyer.  So you better get on this pretty quick.  If you sue, you have to prove (1) negligence by the attorney; and (2) you have to prove you would have won the suit but for his negligence in not protecting the statute.

Jeffrey Badgley · Answer

It's not too late for you to pursue your personal injury lawsuit.  The statute of limitations in Florida for a personal injury lawsuit is four years from the date your claim arose.  In your case, this four year clock started ticking on the day of your automobile accident.  However, it takes time to prepare a case for filing.  You should retain an experienced personal injury lawyer right away so that your case can be filed by the deadline.

Eric Rothstein · Answer

3 years from the date of the accident.  What were your injuries? Your medical bills should have been paid by the no-fault insurance of the car you were riding in.  You may have a legal malpractice case against your lawyer if she blew the statute of limitations.  Feel free to contact me to discuss.

William Allen · Answer

In Florida, 4 years.

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