QUESTION
Is it too late to sue for more claims on an accident that happened five years ago?
Asked on Oct 04th, 2011 on Personal Injury - Florida
More details to this question:
If I was in an accident almost 5 years ago that was not my fault and the other party's insurance gave me a settlement for the car only because it was totaled. However my car was paid for and the amount they gave me was only enough to put a down payment on another car. Is it too late to sue for any other claims?
20 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes.
Answered on Jun 03rd, 2013 at 1:44 AM
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Yes.
Answered on Jun 03rd, 2013 at 1:43 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes.
Answered on Jun 03rd, 2013 at 1:41 AM
Your state's statute of limitation may have run on your claim. Consult with a plaintiff'saccident attorney for advice.
Answered on Oct 28th, 2011 at 1:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The statute of limitations is three years.
Answered on Oct 28th, 2011 at 1:21 PM
Yes. First, in Massachusetts there is a three year statute of limitations for claims of your type. After three years you can no longer sue on the issue. Second, when there is a settlement, especially with an insurance company which engages in settlement negotiations on a regular basis and has established processes in place, there is a waiver of all future claims arising out of the incident causing the harm. It is almost certain you signed a waiver before they paid your settlement. Your personal injury attorney should have explained this to you before you signed the waiver.
Answered on Oct 06th, 2011 at 12:08 PM
I can't say for sure but it appears the statute of limitations has run. The statute of limitations for property damage is 3 years and for an unwritten contract 5 years, a written contract 10 years and a personal injury case normally for an adult 2 years. If a minor then 1 year from the date of the age of majority.
Answered on Oct 06th, 2011 at 11:03 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Probably, unless you were under eighteen years of age at the time. If so, then there's a chance that you may still have time.
Answered on Oct 06th, 2011 at 10:36 AM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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Probably so. The statute of limitations for your personal injuries expired at the end of three years. You've already settled the property damage claim, so that is not an option.
Answered on Oct 06th, 2011 at 10:35 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, it's too late. There is a 3 years statute of limitation.
Answered on Oct 06th, 2011 at 10:35 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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It's too late. First of all, you settled and when you did, you signed a release in full. Secondly, the statute of limitations is 3 years.
Answered on Oct 06th, 2011 at 10:29 AM
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Ohio has a two year statute of limitations for auto accident claims. Sometimes that may be "tolled;" for instance, if the at-fault driver or "tortfeasor" is in prison or out of the jurisdiction for a period of time. However, without something like that to extend the two-year time period, you are probably out of luck.
Answered on Oct 06th, 2011 at 10:28 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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It may not be too late if you received payment from the insurance company and they did not warn you in writing that your claim must be resolved within 2 years of the accident date.
Answered on Oct 06th, 2011 at 2:15 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If this happened in CA the statute of limitations is 2 years.
Answered on Oct 06th, 2011 at 2:14 AM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Probably. The statute of limitations in Washington for property damage and personal injury claims is three years.
Answered on Oct 06th, 2011 at 2:13 AM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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Typically you only have two years from the date of the wreck to file a lawsuit for your injuries. This can be extended if you are mentally incompetent or under age of majority.
Answered on Oct 06th, 2011 at 2:12 AM
In Utah, the statute of limitations for an automobile accident is 4 years. Unless you were a minor at the time of the accident, the statute of limitations has passed and you can no longer bring suit.
Answered on Oct 06th, 2011 at 2:12 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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The statute of limitations on a property damage claim like yours in Oregon is 2 years from the date of the collision. You are most likely out of luck.
Answered on Oct 06th, 2011 at 2:10 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You will not be allowed to file a claim in Colorado more than three years following a motor vehicle accident for injuries or losses arising from the accident. You also are probably barred by the settlement agreement which the insurance company required you to sign at the time of the settlement of the claims. These agreements will clearly release the insured and insurance company from future claims arising from the same accident.
Answered on Oct 06th, 2011 at 2:09 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The statute of limitations for simple negligence in Florida is 4 years. It is too late to sue for other property damage.
Answered on Oct 06th, 2011 at 2:08 AM