What is the statute of limitation for an injury case?

Question

I fell from a bridge I was working on and got a broken back and ribs two years ago. The pain is back and  is worse than ever. Can I reopen the claim or sue for medical expenses?

Gregory Crain · Answer

Yes.

Ronald A. Steinberg · Answer

Who are you suing?  I can't recall if a workers compensation case is 1 or 2 years.  A civil suit is 3 years in Michigan.

Bradley Cornett · Answer

In your question, you say reopen.  If you already have a claim, that impacts the statute of limitations.  You should consult with a work comp attorney.  Most attorneys will provide a free initial consultation with no obligation.

Jeffre Crandall · Answer

3 years for negligence in WA. Two years from medical malpractice or one year from date of discovery of medical malpractice in WA. L&I claims, I don't know.

Mark Smith · Answer

Three years.

Jared Altman · Answer

It depends on a lot of factors. Get to a lawyer right away. You may have a great case.

Michael Heilmann · Answer

This sounds like a  Workers Compensation case. It should be no problem re-opening your case unless you settled (redeedmed the claim).

Stephen Lombardi · Answer

Answer: That answer isn't as simple as saying a set number of years because  there are exceptions. See a lawyer.

Jerrie Weiss · Answer

In California it is 2 years from the date of the injury unless it is against a health care provider (doctor, nurse, hospital, therapist, etc) and then it is one year from the date you discover the malpractice and no more than three years from the date of the injury even if you don't discovery it.  You would need to consult with an attorney for the application of the statute.

Ronald Lowry · Answer

I depends. Was the claim settled or not? If settled is there a period of "open medical" and are you in that period still. Contact the Workers' Comp attorney that handled your claim.

John T. Wagener · Answer

In Illinois the stature of limitations for personal injury is 2 years.

Kate Starkebaum · Answer

General rule of thumb is two years, so you should seek counsel immediately.

Leonard Schwartz · Answer

Workers compensation statute is two years from the date of last payment.

Melvin Franke · Answer

Depends upon the kind of injury.

Irving Blank · Answer

Two years.

Jon F. Schmoll · Answer

If you received worker's comp benefits for your injury, you should be able to reopen claim.   If  you are thinking about a lawsuit,  in Indiana the statute of limitations is two years from the date of the injury.  You should consult a lawyer NOW.

Jeffrey Lapin · Answer

The Statute of Limitations depends on who you would be suing. Generally, for workers' compensation cases the Statute of Limitations is 2 years from either the date of your injury or the date of the last payment (only certain payments count) by the employer or the employer's workers' compensation insurer for a work-related injury. 

If your case is against someone other than your employer, the Statute of Limitations may either be 2, 3 or 4 years depending on it is at fault. If the government, a governmental agency, a political subdivisions (such as a city) or any of their employees, you must file a Tort Claim before you can file suit. 

The details about suing one of these is complicated and difficult to explain in this format. If the case is against a private citizen or company, the Statute of Limitations is generally four years from the date of your injury.  You also ask, "Can I reopen the claim or sue for medical expenses?" This depends on both the Statute of Limitations and whether you entered into a full and final settlement. 

If the Statute of Limitations has not expired and you did not sign a release or enter into a full and final settlement, you could still pursue a claim for medical expenses.  I would suggest talking to an attorney about the Statute of Limitations and re-opening your case. Most offer a free consultation so it will not cost you anything to learn more about these items.

Steven Urban · Answer

Two years.  Texas Civil Practice & Remedies Code 16.003.

Michael Yeksavich · Answer

This sounds like a workers' compensation case that you settled since you ask  about reopening.  

If you settled the case on what was called a joint petition  you probably cannot reopen.  However, if you went to trial and an award was made  then you might be able to reopen.  This consideration is important when  considering whether to try a Workers' Compensation case or to settle.  

To often  claimants only see "fast" money and settle when they should have went to trial.

Eric Scott Meadow · Answer

The statute of limitations for workers compensation claims is one year, it is 2 years for third party personal injury claims.  You should inquire with a qualified lawyer to determine whether the statute has tolled in any manner.

davida francis · Answer

That statute of limitations in Nevada is two years from the date of the accident.

Jon Buchholdt · Answer

Two years.

Steven A. Schwartz · Answer

If you are talking about a worker's compensation claim, then it depends whether you can "reopen" your case or not.  

If your case was resolved with a lump sum settlement, you cannot reopen your case.  However, if the case was resolved with "medical open," then your medical bills should continue to be covered into the future (as long as the treatment is medical necessary and related to the incident).    

If you fell because of someone else's negligence or wrongdoing (besides a co-worker who you cannot sue), you would have 3 years from the date of accident to file a claim for pain and suffering.  

If there is no other entity responsible, then worker's compensation is your only avenue.

Dean Esposito · Answer

You have 1 year from the date of the accident/incident to file suit. If you already settled your Case then, in all likelihood, you would not be able to reopen it.

Christopher D. Morris · Answer

Unless you had a full final and complete settlement of your case two years ago, you can petition for additional workers compensation benefits in Michigan for the rest of your life.  

There is no "statute of limitations" for workers compensation benefits in Michigan.  Instead there is a "claim" limitation of two years.  The claim limitation is very loosely interpreted and is extended by the receipt of any other form of benefits. 

If following your injury you received some workers compensation benefits, then the claim provision has been satisfied and you are able to petition for additional benefits at any time in the future.

Chadwick Lawrence · Answer

Did you settle your workers comp case?

Andrew Velonis · Answer

The statute of limitations for negligence (or violation of the NY scaffolding law) is three years.  Of course, this would have to be against someone other than your employer.  But, if the claim is against the State of New York, then the statute of limitations is two years, provided you have served a Notice of Intention.  If you are talking about re-opening a comp claim, that depends on whether there was a final settlement.

Timothy Klisz · Answer

You say, reopen. If you settled the claim, it is over. If you haven't made one, contact me to discuss.

Thomas Bulman · Answer

What state?   Each state has different laws.  

Workers Comp is usually all you can collect unless you can blame another subcontractor or the general contractor for safety violations that caused your injuries.

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