Gregory M Janks, PC | Gregory M Janks
In Michigan you have 1 year from the date of collision within which to file an Application for Benefits (AFB) with your car insurer so as to be eligible for No Fault Benefits (PIP). PIP benefits are wage loss, medical expenses and replacement services. You have 3 years from the date of collision within which to file a 3rd party claim against the owner/driver of any at fault vehicle that caused a crash/your injuries. There are certain "threshold" injuries/damages that you must prove to be eligible for the 3rd party claim. Consult local counsel to have your situation analyzed.
Answer Applies to: Michigan
Gary L. Platt, Attorney at Law | Gary Platt
The statute of limitations for personal injury in California is 2 years, so if it is not yet 2 full years since the accident, you can still sue. However, you must be aware that if you didn't seek medical treatment for 3 months after the accident, it is very unlikely that you will succeed in proving the accident caused a serious injury and a significant amount of medical treatment and bills for same. Defense attorneys will argue (and have expert testimony to back it up) that it is more likely that you sought medical treatment in order to jack up the damages for the purposed of making an insurance claim and filing a lawsuit. Even if that is not the case, a jury will be more likely to believe the defense, unless you have one or two very good reasons for the delay in seeking treatment.
Answer Applies to: California
Robert Butwinick | Robert Butwinick
You can still pursue a claim provided there has been adequate treatment/documentation of injuries following the initial delay in care. The insurance company will likely raise the issue perhaps strongly but there are some ways to combat that defense. If you've suffered lasting injuries from the accident, I recommend that you still pursue it and contact an experienced injury lawyer to assist you. I'd be happy to speak with you.
Answer Applies to: Minnesota
Candiano Law Office | Charles J. Candiano
As long as the accident happened on or after 04-29-11. You have done everything possible to minimize your recovery by delaying treatment and by waiting so long to bring the claim. You cannot file suit after the 2 year anniversary of the accident.
Answer Applies to: Illinois
Blaske & Blaske, P.L.C. | John F. Turck IV
Third-party claim against the striking driver for pain and suffering damages and any benefits in excess of what is required to be paid by your No-Fault carrier, yes. First-party claim against your No-Fault carrier, maybe yes, maybe no, depending on the particular facts.
Answer Applies to: Michigan
Reade & Associates | R. Christopher Reade
Under NRS 11.190(4)(e), actions to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another must be brought within two (2) years of the date of the incident.
Answer Applies to: Nevada
Kelaher Law Offices, P.A. | James P Kelaher
The statute of limitations in Florida is 4 years for an auto accident, but before you can recover for non-economic damages you must have sustained a permanent injury, a permanent impairment or significant and permanent scarring.
Answer Applies to: Florida
Timiney Law Firm | Leigh Anne Timiney
Whether or not you can still file a claim depends upon the state where the accident happened. All states have a statute of limitations, or a time fram in which you can bring an injury claim. In Arizona, this time frame is two years from the date of the accident. Given that your accident was in 2011, you are likely close to that two year time frame. I would suggest you consult with a personal injury attorney in your area and seek assistance asap so you do not lose your right to your claim.
Answer Applies to: Arizona