QUESTION

Is 6 months too long a wait to sue for a car accident?

Asked on Mar 12th, 2013 on Personal Injury - Florida
More details to this question:
I was in a serious car accident 6 months ago, it was a head on collision, the other car came over the median and into my car, the car behind me didn’t have time to stop and rear ended me also. My car was totaled, air bags went off and I was rushed to the ER, also I was 5 months pregnant at the time and was the only one in my vehicle. Because of witness statements and a police report I was cleared and the other driver was found at fault. I was discharged from the hospital the next day. Nurses saw the accident on the news and said it’s a miracle me and the baby were alive. however I did fail to complain about certain pains mostly on my back because I was afraid they keep me longer. My aunt had died just the night before my accident, from breast cancer, she was on life support because her organs were shutting down and the hospital forced the removal of it and my mother was just not able to function properly at this point. I was the one driving her around making the funeral arrangements. I was returning home at that point from a long day of cemeteries and funeral homes and I really didn't want her to be more stressed, worried or depressed however now my pains are becoming too much and I want to go see a chiropractor but I cannot afford to and I don’t have health insurance to cover it either, also my job requires a lot of heavy lifting and previously I was able to get away with not doing it but imp scared that when I go back from maternity leave they'll make me and in turn make my situation worse. Also after I was discharged from the hospital I was placed on bed rest for 2 weeks and I couldn't work so I didn’t get paid for it. So basically my questions are can I still do something about this situation or is it too late? Can I sue for, medical bills, lost wages, pain?
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20 ANSWERS

Christian Joseph Menard
6 months is not too late to sue fit injuries recited as s result of a car accident as the statute if limitations is 2 years.
Answered on Mar 18th, 2013 at 8:28 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Your own car insurance company is responsible for paying your wage loss, medical expenses and replacement services that your physician indicates were sustained due to injuries you received in the crash. It is your responsibility to make this claim directly with your own insurer within 1 year of the crash by filling out an Application for No Fault Benefits. You may make a claim/file suit vs. any @ fault owner/driver of any vehicle if your injuries are serious impairments of bodily function and/or permanent, serious disfigurement. You may not collect for what "could have" happened to you.
Answered on Mar 14th, 2013 at 6:39 AM

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Yes, in Nevada you have two years from the date of the accident to file a lawsuit. You can sue for medical bills, pain and suffering, future pain and life changes, damages to your vehicle, etc.
Answered on Mar 13th, 2013 at 5:07 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You can claim for all those things but you made big mistakes by not getting proper care. it is fine for you to say now what you suffered then but without medical testimony your case is weak and the carrier will not be persuaded by all of your emotion and stress and other such feelings in this hard edge world you will get nothing for your fretting and worrying about anything. get you a proper lawyer and take his advice and settle for what you can get
Answered on Mar 12th, 2013 at 3:40 PM

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Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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No, it is not too late. In Kansas you have two years to file suit for a car accident.
Answered on Mar 12th, 2013 at 3:40 PM

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Personal Injury Attorney serving Los Angeles, CA at Law Office of Malosack Berjis
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No, six (6) months is not too long a wait to sue for a car accident. In California, the statute of limitations, on personal injury cases, is two (2) years from the date of the injury. However, before even thinking of a lawsuit, you need to first file a claim with the insurance carriers of the at-fault party(ies).
Answered on Mar 12th, 2013 at 3:37 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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In Oregon you have 2 years to file a lawsuit for this type of case. While gaps in treatment make the case more difficult, this can be overcome. I strongly recommend you retain an injury attorney as soon as possible to help you.
Answered on Mar 12th, 2013 at 3:37 PM

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Edwin K. Niles
The statute of limitations is two years. However, you should see a personal injury lawyer. Your failure to treat your injuries properly might harm your claim.
Answered on Mar 12th, 2013 at 3:35 PM

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Personal Injury Attorney serving Kansas City, MO at Nash & Franciskato Law Firm
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In Missouri you have 5 years to file a lawsuit. I suggest you contact an attorney immediately.
Answered on Mar 12th, 2013 at 3:34 PM

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Civil Litigation Attorney serving Fort Lauderdale, FL at Angelo "Tony" Marino, Jr., P.A.
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You have up to 4 years from the date of the accident.
Answered on Mar 12th, 2013 at 3:34 PM

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Auto Accidents Attorney serving St. Paul, MN at Arechigo & Stokka, P.A.
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Yes, you can still pursue a lawsuit. The statute of limitations for a car accident occurring in Minnesota is 6 years. You are also entitled to several thousand dollars of medical care and lost wages from your motor vehicle insurance provider, regardless of who is at fault for the accident. This includes chiropractic care and treatment. You can pursue a lawsuit against the at-fault driver(s) for excessive medical bills and pain and suffering.
Answered on Mar 12th, 2013 at 3:34 PM

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Ronald A. Steinberg
You need to discuss this with a competent personal injury lawyer. 6 months is NOT too long, but unless you are a lawyer, you are really incapable of properly handling your own case.
Answered on Mar 12th, 2013 at 3:33 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Its not too late. See a lawyer right away.
Answered on Mar 12th, 2013 at 3:33 PM

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Can you sue the responsible party? In Washington, we have what is called a statute of limitations that is designed to cut off stale claims. Fortunately for you, the statute of limitations for auto accidents is 3-years, so you in fact have the right to file a suit even though you are 6-months out from the date of the accident. You do need to get in to a doctor and start documenting your injuries right away, and doing whatever you can to mitigate your damages, i.e., your doctor will tell you what you need to do to improve your condition and that may include medication, physical therapy, massage therapy and the like. To be on the safe side, hire an attorney rather than trying to stumble through the maze on your own.
Answered on Mar 12th, 2013 at 3:32 PM

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The deadline to file a lawsuit for personal injuries is 3 years. If you have been contacted by the insurance company, you may want to speak with them before you file a lawsuit. If you have not been contacted by them, you should reach out to them anyway.
Answered on Mar 12th, 2013 at 3:31 PM

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Personal Injury Attorney serving Overland Park, KS at Ankerholz & Smith
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You should contact an experienced personal injury law firm in your area without delay.
Answered on Mar 12th, 2013 at 3:31 PM

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Premises Liability Attorney serving Herndon, VA at Abrams Landau, Ltd.
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The short answer is probably not. While the general personal injury time limit(called the Statute of Limitations) in Virginia is 2 years, it can be shorter (for accidents with government vehicles and intentional acts) or longer (if you are a minor). However, there is no rule that says you should wait until the "last minute," which is what too many so-called personal injury lawyers do. If you have a good liability case, then you should seek reimbursement for not only your past medical bills and wage loss, but also you future special damages, including physical pain, emotional distress and permanency. Understand that there is no set formula or method to know what your case is worth without knowing the details of the case. Just as a good, experienced doctor cannot make a good diagnosis without a physical examination, x-rays and other studies, a good, experienced trial lawyer will read the medical records from before and after the car crash to determine what injuries and losses stem directly from the accident. Future medical specials are also important considerations, as are permanent back ache, scarring, loss of strength, range of motion, sensation, etc. A good lawyer will know how to look to see what other insurance coverages may be available and won't rush the settlement of the case without the necessary evidence. We also encourage our clients to come and see us "in action" so that they know what happens in real court, which are very different from what you may see on television or on the movies. The way we evaluate serious injury cases at ABRAMS LANDAU includes the important question: "What is the likely jury verdict range in the jurisdiction where this case may be tried
Answered on Mar 12th, 2013 at 3:30 PM

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James Eugene Hasser
Yes. You have 2 years from the date of the accident to file suit or you will be forever barred from doing so. I recommend you do research for free information on Alabama accident law, and if you decide you need a lawyer, look for one with knowledge and experience in Alabama accident law.
Answered on Mar 12th, 2013 at 3:29 PM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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No, it is not too late. You should speak with an attorney soon to discuss how you are going to prove your pain and suffering without the follow up medical care.
Answered on Mar 12th, 2013 at 3:29 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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The answer is YES, YES, and YES. You can sue for medical bills not covered by your PIP insurance on your car and your lost wages not covered by PIP. The statute of limitations in Florida is four (4) years from the date of the accident, so you still have plenty of time. Find yourself a good personal injury lawyer and don't wait any longer to pursue your claim.
Answered on Mar 12th, 2013 at 3:28 PM

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