What is the law of limitations on personal injury when the victim never filed a charge because he had no insurance?

Question

The victim was a 19 year old hit by a semi who never reported it because his father was in fear it might get them in trouble for marijuana in his system. The father is a repeat offender and the son (the victim) is ignorant and was also afraid of the man. Now the victim can barely walk and his wife is a personal friend.

Paul Whitfield · Answer

That would be 3 years.

Kevin Habberfield · Answer

He has 3 years from the date of the crash to file suit.

James Kelaher · Answer

The only thing you mentioned relevant to the statute of limitations is that it was a motor vehicle accident, which means there is a 4 year statute of limitations. The rest deals with the merits of the claim, not the statute of limitations.

James Osak · Answer

Without getting into great detail in your story . . . generally you have three (3) years to file for a personal injury case. There are some exceptions . . . but that's it.  Your problem is PROVING that you got injured as you have NO record of getting hit. No police report and No medical reports. Good luck.

David Stoddard · Answer

In S.C. Three years from the date of the accident.

Gregory Crain · Answer

3 years.

Steven D. Dunnings · Answer

That would be 3 years.

Dennis P. Mikko · Answer

The statute of limitations on a personal injury claim in Michigan is normally three years.  If the accident happened while the victim was a minor, he would have a limited amount of time after his 18th birthday to bring the claim.  Since the victim is now 19, he very well may have passed the applicable statute of limitations.

William Spern · Answer

You didn't say how long ago that the accident occurred. In Michigan, a lawsuit arising out of an automobile accident must be file with three years of the date of the accident. The victim's marijuana impairment will be considered by the court if related to the accident and could be the basis for dismissal or reduction of any judgment.

Timothy Klisz · Answer

Was the victim driving without insurance or a passenger or pedestrian?   Makes a difference.  It is 1 year for certain kinds of benefits and 3  years against the semi driver.

Brian Wendler · Answer

If the accident happened in Illinois the statute of limitations is 2 years with possible exceptions to extend that deadline.  If it occurred in another state, the statute of limitations could be longer or shorter depending upon the state.

Larry Klein · Answer

The Statute of Limitations for personal injuries arising from an automobile accident is two years from the date of the accident.  Within the two year period the person who is injured must either have their personal injury claim settled with the responsible party or they must file a lawsuit against the responsible party or parties in Court or the injured person would lose all their rights.

Robert Bruzzi · Answer

Three (3) years from the date of the crash.

Charles E. Cartwright · Answer

The statute of limitations for motor vehicle accidents is four years.

Gary Platt · Answer

The statute of limitations for filing a personal injury lawsuit is  2 years  from the date of the accident.

Dean Esposito · Answer

He has 1 year from the date of the accident to file suit. If he fails to do so, he is forever barred from asserting this claim.

Jeffrey Lapin · Answer

The fact that a charge was never filed does not make any difference as to the statute of limitations. Generally, the statute of limitations in Nebraska for people under the age of twenty-one (21) who are injured in a motor vehicle accident is the day prior to the person turning age twenty-five (25). In these types of cases, the statute of limitations is tolled, that is, does not start until the person's twenty first birthday. Then the normal statute of limitations for motor vehicle accidents, which is generally four (4) years, starts. So, as long as the victim is not 25 years old yet, then he can still pursue a claim against the semi driver or any other responsibility party.

Michael Heilmann · Answer

For all individuals who are not incompetent, the statute of limitations is three years in Michigan on a motor vehicle collision.

Matthew Frisby · Answer

In Oklahoma there is a two year statute of limitations on personal injury actions arising out of a motor vehicle collision. A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief. The statute of limitations specific to your situation needs to be reviewed by a qualified attorney. The information here has been prepared for informational purposes only and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver.

Andrew Velonis · Answer

In New York, the statute of limitations is three years, but under the circumstances you describe there could be problems of proof even if suit is filed timely.

David Hibbert · Answer

In Georgia the statute of limitations is two years for a personal injury claim. The 19 year old is an adult and there is no extension of the limitations due to age. If there is a lack of mental capacity involved there might be some other basis, but it would have to be more than just "ignorant".

Ronald Lowry · Answer

The usual statute of limitations for personal injury from a motor vehicle incident is 2 years. There are sometimes ways to extend that, however.

Ward Merdes · Answer

This is a HUGE issue that is disputed in Alaska. Call an attorney ASAP or lose valuable legal rights, including the right to compensation. Get moving.

Britni Kidwell · Answer

The limitation is two years; the circumstances you mentioned do not alter the statute.

davida francis · Answer

The statue of limitations for personal injury in Nevada is two years.

Ronald A. Steinberg · Answer

Assuming that this accident happened in Michigan, the child (now an adult) had two (2) Statutes of Limitations:  First, within one (1) year of the accident, he (or his guardian) was to have notified a) his own auto insurance if he had an insured auto, or b) the auto insurance of a resident relative that the accident had occurred.  That auto insurance company would send him (or his guardian) a document, called Application For No Fault Benefits, which had to be filled out completely and returned to the insurance company before the one-year anniversary of the accident.  Once that was accomplished, then all medical bills as well as a listing of the mileage to and from all treating doctors/hospitals was to be sent to the insurance company.  There are other benefits to which the kid would be entitled, but I will not discuss that here.  If those bills were not paid within 30 days of the date on which they were sent to the insurance company, then suit could be filed against the insurance company.  If the Application For No Fault Benefits was filed on time, then for the rest of the kid's life, all accident-related medical expenses would be paid by the insurance company, even if the kid was no longer insured through it.  Second, within three (3) years of the accident (or before reaching the age of 19), suit could be filed against the owner and the driver of the vehicle which struck him, seeking compensation for "pain and suffering."  The injuries would have to be a) death, b) serious permanent disfigurement, or c) a serious impairment of body function in order for him to collect.  If he was 19 or older at the time of the accident, the suit for pain and suffering would have to be filed before the 3-year anniversary of the accident.  If the time periods passed, in all likelihood he would be prevented from any recovery unless he was under a mental/emotional disability that prevented him from being able to assist his attorney.  This is very difficult to accomplish.

Matthew Kober · Answer

In Utah this would be a 4 year statute of limitations.    I would consult an attorney immediately.

Jerrie Weiss · Answer

The statute of limitations is 2 years from the date of the injury.

Eric Haag · Answer

The statute of limitations for an adult in Wisconsin for personal injury against a private party is 3 years.

Kevin Kuhn · Answer

In Illinois, the statute of limitations for personal injury is 2 years from the date of the accident/injury, regardless of whether it was ever "reported."

Jonathan Jilek · Answer

There is a three year statute of limitations period for third party auto negligence claims in MI. There is a one year statute of limitation period for first party cases in MI.

Irving Blank · Answer

The victim has two years from the date of the accident to file a Complaint in court.  The rest of the question is not relevant.

Steven Ferguson · Answer

The statute of limitations for a personal injury in Oklahoma is two years from the date of the accident.

Mark Leonardo · Answer

If this was a car accident in California, the lawsuit must be filed within two years from the date of the accident.

Douglas Rothschild · Answer

Generally personal injury claims in CA Have a 2 year statute of limitations. Meaning, 2 years from date of accident to file a lawsuit. If injury to a minor, different rules apply. Talk to a lawyer.

George Gingo · Answer

4 years.  See Florida Statutes 95.11(3)(a), below:  95.11 Limitations other than for the recovery of real property.?Actions other than for recovery of real property shall be commenced as follows: (1) WITHIN TWENTY YEARS.?An action on a judgment or decree of a court of record in this state. (2) WITHIN FIVE YEARS.? (a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e). (c) An action to foreclose a mortgage. (d) An action alleging a willful violation of s. 448.110. (e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss. (3) WITHIN FOUR YEARS.? (a) An action founded on negligence. (b) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority. (c) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. (d) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment. (e) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures. (f) An action founded on a statutory liability. (g) An action for trespass on real property. (h) An action for taking, detaining, or injuring personal property. (i) An action to recover specific personal property. (j) A legal or equitable action founded on fraud. (k) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. (l) An action to rescind a contract. (m) An action for money paid to any governmental authority by mistake or inadvertence. (n) An action for a statutory penalty or forfeiture. (o) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7). (p) Any action not specifically provided for in these statutes. (q) An action alleging a violation, other than a willful violation, of s. 448.110. (4) WITHIN TWO YEARS.? (a) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. H

Brett Rosenthal · Answer

2  years from date of loss.

Thomas Bulman · Answer

He was an adult when it happened, so three years, with some exceptions.  Timeline sounds fishy. "Victim can barely walk" means he should have seen a doctor long ago.  He would have been asked how he got messed up.  If he didn't see a doctor, he'll have problems.

David Craig · Answer

It is likely 2 years from the day of the wreck since the injured party was 19 at the time of the injury.  You should talk to an attorney to make sure there is no exception that applies.

Brian Bourke · Answer

The Statute of Limitations to file a personal injury action in Court in California is two (2) years from the date of the accident.

Phong Thanh Tran · Answer

The statute of limitation for personal injury is usually 2 years.

John Brennan · Answer

There are various statutes of limitations, therefore the question is who wants to sue who?  The sone against his father, either of both of them against the semi? If you are concerned about the statutes of limitations the party who thinking about bringing a suit sue should contact an attorney immediately.

David Ayer · Answer

In Massachusetts, the statute of limitations for a personal injury such as you describe is three years from the date of the injury.

Bernard Huff · Answer

Indiana has a two year state statute of limitaion for personal injury actions.  However, the time period may be tolled if the alleged injured party is a minor.

Houston D. Smith III · Answer

There is a two year statute of limitations on personal injuries in GA.  Whether the injured person sought to prosecute the driver in the criminal system is irrelevant.  So long as suit is filed and served on the at fault driver within two years, the rights of the injured person are protected.  The likely problem is one of proof - how will the injured person prove that his injuries came from a collision with the semi when the collision was not reported.

Steven A. Schwartz · Answer

The statute of limitations in Massachusetts for personal injury is 3 years from the date of the accident.

Michael Yeksavich · Answer

The normal negligence statute of limitations is 2 years.

Rodney Smith · Answer

There is a 2 year statute of limitations on most personal injury cases unless the injured person is a minor.

Mindy Bish · Answer

Generally the sol is 2 years. There are exceptions so more information would be necessary to insure that this matter falls within the general rule.

Mark Smith · Answer

The complaint must be filed within three years from the date of the   accident.

Stuart Nachbar · Answer

It has a two year statute of limitations.  It is tolled for minors for one year.

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What is the law of limitations on personal injury when the victim never filed a charge because he had no insurance?

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