QUESTION
I was involved in a car accident and acquired knee damages. What recourse do I have?
Asked on Jul 09th, 2013 on Personal Injury - California
More details to this question:
I had an accident in 2010. The car was totaled and I was hurt. I was told from my Primary care that it would take a while for my body to heal. In the mean time both my knees/legs started to hurt, thought it was related to accident and would take time to heal. I went to a doctor in 2011 and was told that I had tears in my right knee, following the same in my left. I have never had any issues with knees. Now its 3 years and I have reopened my file.
14 ANSWERS
Ronald A. Steinberg
Well, under Michigan law, if you have not sued the other driver/owner before the 3 year anniversary of the accident, you cannot sue now. The Statute of Limitations has run. Under Michigan law, if you can prove through competent medical testimony that your current medical condition is directly related to the auto accident and the original injuries, AND if you timely filed within a year of the accident with your auto insurance, then the medical bills for the care and treatment of those injuries will be paid by your auto insurance. Most Michigan policies have "coordinated" benefits, which means that in all likelihood, you must first submit the bills to your medical insurance carrier, and anything that they reject can then be sent to your auto insurance carrier. Any proper bills not paid within 30 days of being submitted are deemed late, and if the insurance company does not have a very good reason for "delaying or denying payments," it is subject to paying actual attorney fees and penalty interest in addition.
Answered on Aug 15th, 2013 at 8:20 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Unfortunately, you appear to be out of luck. As a general rule, an injured person has two years from the date of the accident to either resolve the claim or file a lawsuit. If the claim is not resolved or a lawsuit is not filed within the two years, then the injured party loses all recourse to seek compensation. There may be factors which will extend the statute of limitations. However, given the situation as indicated, it appears that the statute of limitations has run.
Answered on Jul 15th, 2013 at 12:47 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Oregon has a 2 year statute of limitations on injury cases. If you have not filed a lawsuit within that period, you will most likely be barred from going forward with a case.
Answered on Jul 15th, 2013 at 12:47 AM
In California, you have two years from the date of the injury in which to file a lawsuit for personal injuries, so unless you have a written waiver of time from the defendant or their insurance company you may not have any options now.
Answered on Jul 15th, 2013 at 12:47 AM
Thomas Edward Gates
You have three years to file a lawsuit before the statute of limitations runs out. If your doctor can support that the new injury is related to the accident go with it. It is a point that can be argued afterwards. Naturally, if you have signed settlement documents, the new treatment comes out of your pocket since you have released the defendant from further costs.
Answered on Jul 15th, 2013 at 12:47 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Make sure you file your lawsuit within 4 years of the date of the accident or you will have lost your right to make a claim.
Answered on Jul 15th, 2013 at 12:46 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Michigan law indicates you may collect No Fault Benefits from your own car insurer. These benefits include medicals for life, as well as wage loss and replacement services for up to 3 years post-crash. Thus, your own insurer will pay for any reasonable and necessary medical testing and treatment related to the car crash going forward (you did have to file a written App. for Benefits within 1 year and can only reach 1 year back on any benefits). If the facts show you suffered a serious impairment of a body function and/or permanent serious disfigurement, you have a viable 3rd party tort claim if there was an at fault driver/owner that caused your injuries. This claim has a 3 year statute of limitations in Michigan.
Answered on Jul 12th, 2013 at 11:59 AM
NA richard@jandjlaw.com
Assuming the accident occurred in WA. you need to be mindful you have three (3) years from the accident date to either settle your claims, or to institute suit against the at-fault driver in order to toll (stop) the running of the limitation of action statute on a third-party liability claim. If you miss the statute / let the statute run, you are out of luck. However, IF your claim is an UNinsured or an UNDERinsured motorist claim with your own insurance company on your own contract / policy, you have up to six years on the statute (a claim based on a written contract has a six year statute). I think you need to consult a lawyer who handles injury claims TODAY
Answered on Jul 12th, 2013 at 11:44 AM
James Eugene Hasser
In Alabama, you are too late to make a claim against the other driver. If the other driver was uninsured, you may could still make an uninsured motorist claim.
Answered on Jul 12th, 2013 at 11:43 AM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
Your recourse is to sue the driver who hit you (hopefully they had insurance). However in Washington you have 3 years from the date of accident to do that and if more than that has gone by, you are out of luck.
Answered on Jul 12th, 2013 at 10:31 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't say enough. If more than 3 years have passed it is too late to do anything. It is called the statute of limitations. Also there was a big break between the time you say the collision occurred and the time you had pain and or treatment. Are you sure, even if there is no problem with time, that the doctor will say the collision caused your problem, doctors who are not involved in the beginning are very reluctant to say about causation.
Answered on Jul 12th, 2013 at 10:19 AM
4 Awards
Unless you fit within an exception, you have no recourse against the other driver as the Statute of Limitations in Indiana for personal injury is two years.
Answered on Jul 12th, 2013 at 9:49 AM
Medical Malpractice Attorney serving Chicago, IL
Partner at
Cogan & Power, P.C. Attorneys at Law
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Unfortunately, you are out of luck. In Illinois, you had two years from the date of the accident to get a lawsuit on file. Any argument that you did not know how badly hurt you were would fall on deaf judicial ears. Although there are some exceptions to the two year rule, I do not see anything in your fact pattern that would bring an exception into play.
Answered on Jul 12th, 2013 at 9:48 AM
Monica Cecilia Castillo-Barraza
In California, a lawsuit must be filed within 2 years of the injury.
Answered on Jul 12th, 2013 at 9:48 AM