QUESTION
Is there a personal injury statute of limitations? How?
Asked on Apr 30th, 2015 on Personal Injury - California
More details to this question:
I was in a car accident and they admitted their fault. I have been done with the chiropractor for a few months and I was told that they would put the claim in. Is there a statute of limitations because I am getting worried. How long should the actual case take?
18 ANSWERS
Consumer Law Attorney serving Denver, CO
at
Chalat Hatten & Banker PC
Update Your Profile
The statute of limitations period for an auto accident claim in Colorado is three years. Typically with an experienced Lawyer, these claims are resolved in 6-12 months.
Answered on May 04th, 2015 at 9:09 AM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
In MI your own vehicle insurer should pay any crash related medical expenses. You must file a written Application for Benefits within 1 year of the crash *and* have any and all bills submitted within 1 year of their accrual/service date. If you don't file the written AFB within 1 year your claim will be barred. If you don't submit treatment bills within 1 year, they will be deemed late and need not be reimbursed/paid. There is a 1 year statute of limitations and a 1 year "back" statute of limitations on any No Fault claims vs. your insurer. There is a 3 year statute of limitations for any 3rd party negligence (tort) claim against the at fault party/driver/owner, but you must have serious injuries to qualify to file such a claim. It is best to see local counsel that regularly handles these type of cases for a free consultation regarding the specific facts of your matter.
Answered on May 04th, 2015 at 7:12 AM
James Eugene Hasser
In Alabama, you have 2 years from the date of the accident to file suit or you are forever barred. However, there may be exceptions, so seriously consider consulting an experienced injury lawyer. Good luck.
Answered on May 01st, 2015 at 11:18 PM
Edwin K. Niles
S/L is 2 years from date of accident. If you don't have a lawyer, we advise that you retain one; you'll come out ahead. Don't expect the insurance co. to look out for you; their job is to pay you as little as possible.
Answered on May 01st, 2015 at 11:16 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
The Wisconsin statute of limitations for claims based on negligence is 3 years, starting with the date of the incident and continuing until the day you file a lawsuit. Such cases vary immensely in how long they take. If you want a quick settlement, you buy it by settling for a small amount. Getting a larger settlement usually means preparing for a trial just in case you don't get an acceptable offer, and to show the adverse party that you are serious. Get a good personal injury lawyer soon. Good Luck.
Answered on May 01st, 2015 at 10:55 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
In Montana, an injured person has three years to file a lawsuit for personal injury. Who is the "they" that would put the claim in for you? Remember, all your medical creditors expect to be paid and, as the patient, you are responsible to make sure they are paid. Complaining later, after your credit is ruined and you are being sued for non-payment, that they should pay for your credit damage doesn't create a new lawsuit in most cases. Your credit is simply damaged and there is little that you can do later, so contact the defendant's insurer yourself today and demand payment of your medical expenses now.
Answered on May 01st, 2015 at 11:01 AM
Thomas Edward Gates
You have three year from the time of the injury to bring your claim in Washington.
Answered on May 01st, 2015 at 10:37 AM
Every state has a statute of limitations in personal injury which gives you a certain amount of time to file a claim in court. In Massachusetts you have 3 years to file a complaint or your claim is forever barred.
Answered on May 01st, 2015 at 10:24 AM
Ronald A. Steinberg
Under Michigan law, there are 2 statutes of limitations: Within 3 years of the accident date, you can sue the other owner and driver for your pain and suffering (subject to the threshold of recovery, namely "serious impairment of body function, serious permanent disfigurement, or death". As to the "no fault" part of the law, if your own insurance company does not pay a bill within 30 days, and it does not have a darned good reason for the delay or denial, you MUST sue the company because if the bill goes unpaid for one year from the date of the service, the company escapes liability. You ask HOW? That is because that is the way the law is worded.
Answered on May 01st, 2015 at 8:46 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
at
Beaver Courie Law Firm
Update Your Profile
North Carolina has a three-year statute of limitations within which a lawsuit must be filed if the case is not settled. If the insurance company has your records and bills, it should not take long to evaluate the claim and make an offer. Unless you have considerable experience negotiating personal injury claims, it would be a good idea to consult an attorney who practices in this area of law.
Answered on May 01st, 2015 at 7:41 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
In Florida, the statute of limitations for simple negligence is 4 years, but if the medical treatment arose as a result of an automobile accident, you should have submitted your medical bills to your own car insurance promptly, as your PIP would have paid 80% of your medical bills. How long a "case" takes varies so much I cannot hazard a guess.
Answered on May 01st, 2015 at 7:38 AM
1 Award
It is one year from the date of the accident.
Answered on May 01st, 2015 at 7:37 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
In New York, it's three years. Get a lawyer, do not do this on your own, You got a chiropractor for your back injury, a professional, someone who is trained, licensed and knows what he is doing. Do the same for your legal claim, this is not a DIY job.
Answered on May 01st, 2015 at 6:59 AM
Sex Crime Attorney serving Salt Lake City, UT
at
Jefferson and Biggs
Update Your Profile
Yes there is an SOL for auto cases. Find yourself a lawyer to help with your claim, it should be a 4 year SOL but there are many factors so consult with a lawyer and do not that that as the correct number.
Answered on May 01st, 2015 at 5:35 AM
1 Award
The statute of limitations for personal injury cases in Wisconsin is three years from the date of injury.
Answered on May 01st, 2015 at 5:34 AM
There is a statute of limitations for all causes of action. In California, you have to file suit within 2 years for personal injuries [damage to your body] and three years for property damage. How long it will take to resolve the case depends on a lot of factors, none of which you have provided.
Answered on May 01st, 2015 at 5:32 AM
Divorce Attorney serving New Orleans, LA
at
Zitzmann Law, LLC
Update Your Profile
The length of the case can vary, but the prescriptive period for personal injury is generally one year.
Answered on May 01st, 2015 at 5:25 AM
Personal Injury Attorney serving Pasadena, CA
at
Law Offices of Pius Joseph
Update Your Profile
California Statute of limitations to bring a personal injury action is 2 years from the date of injury. That is the deadline to file a lawsuit if you are not able to resolve your claim by way of settlement.
Answered on May 01st, 2015 at 5:24 AM