Can I still file a claim on a 2011 car accident and at the time didn't need medical attention but followed up 3 months later? 24 Answers as of April 30, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
In Michigan, you have until the 3 year anniversary of the accident to sue.
Answer Applies to: Michigan
Replied: 4/30/2013
Law Offices of George H. Shers | George H. Shers
You have two years from the date of the accident to fie for personal injuries.
Answer Applies to: California
Replied: 4/30/2013
Gregory M Janks, PC
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
Replied: 4/29/2013
Stephens Gourley & Bywater | David A. Stephens
In Nevada you have two years from the date of the accident to file suit to collect any personal injury damages from the accident.
Answer Applies to: Nevada
Replied: 4/29/2013
Sarrail, Castillo & Hall, LLP | Monica Castillo
In Calif, the statute of limitations for a personal injury lawsuit is 2 years.
Answer Applies to: California
Replied: 4/29/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    In OK, a suit must be brought not later than two years from the date of the accident which caused the injury. As you were injured in 2011, it will depend on when in 2011 you were injured.
    Answer Applies to: Oklahoma
    Replied: 4/29/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have 3 years from date of collision. The carrier will not care for a case where you delay medical care but you can try.
    Answer Applies to: North Carolina
    Replied: 4/29/2013
    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
    Replied: 4/29/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    The statute of limitations in Ca is two years. You must settle your claim or file suit within that time.
    Answer Applies to: California
    Replied: 4/29/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It will depend on the terms of your policy and your past actions. Time is getting short or could have expired. Call an attorney today.
    Answer Applies to: Michigan
    Replied: 4/29/2013
    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
    Replied: 4/29/2013
    Mike Lewis Attorneys | Mike Lewis
    Yes, you have 3 years from the date of the wreck.
    Answer Applies to: North Carolina
    Replied: 4/29/2013
    Candiano Law Office
    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
    Replied: 4/29/2013
    Nash & Franciskato Law Firm
    Nash & Franciskato Law Firm | Brian Franciskato
    Yes. The statute of limitations in Missouri is 5 years from the date of the accident.
    Answer Applies to: Missouri
    Replied: 4/29/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You have 2 years from the date of the accident in Alabama to sue.
    Answer Applies to: Alabama
    Replied: 4/29/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    IN NJ, you have two years to make a claim for personal injuries, unless you are/were a minor.
    Answer Applies to: New Jersey
    Replied: 4/29/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You would have two years from the date of the accident file suit. However, be prepared for the defendant and his insurance company to be skeptical over your injuries.
    Answer Applies to: Ohio
    Replied: 4/29/2013
    Blaske & Blaske, P.L.C.
    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
    Replied: 4/29/2013
    Reade & Associates
    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
    Replied: 4/29/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    If you have a serious injury medically related to the accident, yes.
    Answer Applies to: Florida
    Replied: 4/29/2013
    Kelaher Law Offices, P.A.
    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
    Replied: 4/29/2013
    Timiney Law Firm
    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
    Replied: 4/29/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    The statute of limitations for a personal injury claim is two years from the date of the accident.
    Answer Applies to: California
    Replied: 4/29/2013
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney