QUESTION
How long is too long to make an injury claim after an accident?
Asked on May 11th, 2011 on Personal Injury - Michigan
More details to this question:
I got into an accident about a year ago. I hurt my back and went to the emergency room and was told my back took a huge blow. I've since been to a chiropractor and had X-ray and a MRI done. I'm in the military so I didn't have to pay but I wanted to see what I could be entitled to for pain and suffering. The car had a throttle issue which caused the accident. During the accident the air bag light came on but did not deploy which caused me to injure my head and back. What can I do?
11 ANSWERS
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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In most cases you have a two year statute of limitation on an action arising out of an accident or negligence. If the negligent party was a public employee on duty, you may have a shorter period to put that public entity on notice within 180 days. Pain and suffering are elements of non economic damages. The fact that your medical bills were paid by the military or an insurance policy has nothing to do with pain and suffering. The real issue revolves around what caused the accident. If there was another person at fault the path is clear. If you are saying it was a manufacturer's defect that caused the accident the road is much more difficult. They may be liable, but the cost of prosecuting a products liability case is very expensive for you and the lawyer handling the case, so the value of your damages would have to be pretty big to justify the investment of prosecution. Without knowing more about the accident I cannot comment further.
Answered on May 16th, 2011 at 10:50 AM
New User
The length of time to sue depends on the state. Consult an attorney in your area.
Answered on May 13th, 2011 at 11:22 AM
Theodore W. Robinson
Whether the statute of limitations has expired will depend upon what state you live in, but it's usually a 3 year statute to bring a cause of action. Speak to a local Personal Injury attorney about your case. It sounds like a good case, as long as you've treated for more than 90 days out of the first 180 days after the accident and have an actual injury. However, any good PI attorney will tell you to speak to an orthopedic doctor rather than a chiropractor about the matter if you truly want to recover anything. Good luck.
Answered on May 13th, 2011 at 10:02 AM
Workers Compensation Attorney serving West Palm Beach, FL
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You have 4 years from the date of accident to file a lawsuit but you need to call personal injury attorney immediately as they usually handle cases long before they ever file a lawsuit.
Answered on May 13th, 2011 at 9:50 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not clear but I assume you were the driver. You must prove the accident was the fault of someone else. If throttle, you must have a mechanic or engineer to testify as to causation. if it was some 3rd party's fault and if the injury occurred because of that fault you are entitled to some recovery for pain and suffering.
Answered on May 13th, 2011 at 9:50 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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Your question as to how long, may be related to the statute of limitation, but it appears to ask how long after the accident can you claim injury. A doctor would have to tell you if an injury is related to an accident. So you need to discuss with a doctor. You also need to discuss with a lawyer in the State where the accident occurred.
Answered on May 13th, 2011 at 9:46 AM
Sam Louis Levine
Thank you for your military service. I am very appreciative & grateful. I am sorry you hurt your back in a car accident. I know what back pain feels like-it's debilitating. The silver lining is that, depending what you are in, you have two (2) years, which is the case in Georgia, so you have one (1) more year to file a claim. Find an attorney that you can relate to, that you are comfortable with & that is accessible. I wish you a speedy recovery & take care!
Answered on May 13th, 2011 at 9:25 AM
If you were injured in Oregon, you have 2 years from the date of your injuries to sue or conclude a settlement. Without more facts, it isn't possible to know what damages you can recover. But you should certainly consult an experienced trial lawyer. There is mo charge if you want to talk to me.
Answered on May 12th, 2011 at 12:37 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In South Carolina, you have three year to file a suit such as yours. Yours sounds like a complex products liability case. Unless you have a permanent injury, confirmed by a specialist such a neurosurgeon, or orthopedic doctor , your damages are probably insufficient to justify such a suit. No offense to chiropractors. They are good at healing, but most would admit that juries tend not listen to them in court to establish a permanent injury.
Answered on May 12th, 2011 at 12:33 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Three years for negligence, one year for pip benefits against your auto insurer.
Answered on May 12th, 2011 at 11:31 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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In Oregon, two years from the accident date.
Answered on May 12th, 2011 at 11:31 AM