QUESTION
It has been two years since the accident, can I still sue and if so for how much?
Asked on Dec 09th, 2012 on Personal Injury - Rhode Island
More details to this question:
I was parked at a red light behind a car and suddenly I was struck from the back by a teenager who was going 40 mph while texting and driving. My car rammed the car in front of mine. I was sandwiched between two cars. I felt bad for the kid so I did not press charges nor did I want to sue, but my back and specifically my neck has been aching ever since the accident. I got an MRI and it showed slight damage to my cervical vertebrae.
20 ANSWERS
Ronald A. Steinberg
If you did not make a police report, or if the car ahead of you did not, then you probably will be left without a remedy. If a police report was made, then under Michigan law, you have 3 years from the accident date to sue for pain and suffering. Under Michigan law, your claim for lost wages, medical mileage, medical bills, and household replacement services had to be made against your own insurance company, and you had to file an Application For Benefits within one (1) year of the accident. If you did not, then you are screwed. However that does not prevent you from suing the other driver and the owner of the car which hit you.
Answered on Dec 28th, 2012 at 2:24 PM
NA richard@jandjlaw.com
WA. has a three (3) year limitation of action statute on personal injury and / or property damage claims. You have 3 years from the accident date to either settle your claims or to start suit to toll (stop) the running of the limitation of action statute. (If a minor is injured, the statute on the minor?s injuries doesn?t run until age 21.) You have a civil claim for damages even though the at ? fault driver was not charged out by the police. Was the at-fault insured for liability purposes? If not, did you have Uninsured Motorist Coverage on your own car? IF this is only an UNinsured Motorist claim, then in WA. there is a six year limitation of action statute because the insurance coverage arises from a written contract = the insurance policy.
Answered on Dec 13th, 2012 at 5:18 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Doesn't sound like you were hurt very bad and you may have trouble proving whatever problem you have came from this collision. You must have a doctor say that the problem is connected causally 3 yrs is the statute of limitation.
Answered on Dec 13th, 2012 at 5:18 AM
In California, the statute of limitations on such an accident is 2 years. If you have passed 2 years since the date of the incident, I am afraid you are too late. If it is before the 2 year mark, you should contact a local attorney immediately and see if someone can assist you.
Answered on Dec 13th, 2012 at 5:17 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Dec 13th, 2012 at 5:17 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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In Kansas you have two years from the date of the accident to file a lawsuit.
Answered on Dec 13th, 2012 at 5:16 AM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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In Washington, a typical auto accident carries with it a 3-year statute of limitations; so the answer to your question is: Yes. You can sue anytime up to 3-years following the accident. As for "how much," no one can answer that question without knowing a lot more about your condition, your medical treatment, your medical expenses and more. What you should do is contact a personal injury attorney to discuss your claim in more detail. Time is of the essence. Once the 3 years is gone - you will be left without a remedy.
Answered on Dec 13th, 2012 at 5:14 AM
Steven D. Dunnings
If you have soft tissue injuries, in Michigan, you probably will recover nothing.
Answered on Dec 13th, 2012 at 5:12 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas you have two years after an auto collision to sue. Under ordinary circumstances (and you haven't mentioned any circumstances that would give rise to an exception), if the two-year anniversary of the accident has passed your suit is barred.
Answered on Dec 13th, 2012 at 5:12 AM
Identity Theft Attorney serving Hernando, MS
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Kittell Law Firm
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Whether you can still file a lawsuit depends on your state's statute of limitations. In Mississippi where I practice, you would have three years to file suit so you could still do so even though the car wreck in which you were injured happened over two years ago. You should consult a personal injury attorney in your state to see if there is still time remaining to file your lawsuit. Good luck!
Answered on Dec 13th, 2012 at 5:11 AM
Plaintiff's Personal Injury Attorney serving Ashland, MO
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Law Office of Matt Uhrig
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In Missouri you have five years. *See* RSMo 516.120. The language in this statute is a bit hard to understand, but, in essence, you have five years from the date of the accident to have your lawsuit filed. While that may seem like a long time, it is best not to wait. If you are injured, you should contact an attorney to assess your claim and begin the process of negotiating a settlement with the insurance company. You will want plenty of time to decide whether or not to file suit.
Answered on Dec 13th, 2012 at 5:10 AM
Daniel P. Mitchell
You have four years from the date of accident to file a lawsuit.
Answered on Dec 13th, 2012 at 5:09 AM
In West Virginia you have two years from the date of the accident to file a lawsuit, so it depends on the date.
Answered on Dec 12th, 2012 at 4:30 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In NJ, two year statute of limitations is a bar. if more than that you are out of luck.
Answered on Dec 12th, 2012 at 4:29 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The statute of limitations in Florida for automobile accident cases is four years, so you can still sue. However, his insurance may not cover the accident if you didn't report the accident to the police and he didn't promptly report the accident to his insurance company. It's impossible to even hazard a guess as to what your injuries are worth based upon the complete lack of facts you have given (i.e., medical bills, lost wages, what physical injuries your doctor believes you suffered as a result of the accident.
Answered on Dec 12th, 2012 at 4:29 PM
Gary R. Pearson
you have 4 years from the date of the accident to sue. You really should have gotten an attorney right away to protect your rights.
Answered on Dec 12th, 2012 at 4:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney immediately. You may soon loose, or have already lost, your tight to sue. O
Answered on Dec 12th, 2012 at 4:29 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The limitations period for a harm to you caused by negligence is 3 years in Wisconsin. But if the wrongdoer had no insurance or property you could not collect much. Also there could be problems of proof, unless you had a medical examination very soon after the accident. Finally in a Complaint filed in court in this State you do no ask for a specific amount, and in any case it's really impossible to even guess at your damages without much more information.
Answered on Dec 12th, 2012 at 4:29 PM
Personal Injury Attorney serving Palm Harbor, FL
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Morgenstern & Herd, LLC
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The statute of limitations for an automobile accident claim is 4 years from the date of the accident.
Answered on Dec 12th, 2012 at 4:28 PM
This is likely worth consulting an attorney who practices in this area of law. Depending upon where you live, i could assist or refer to a trusted colleague.
Answered on Dec 12th, 2012 at 4:28 PM