Can I still file for an injury case? 51 Answers as of June 23, 2013I was accidentally hit by a motorcycle five years ago. I did not do anything at that time cause I was convinced by the driver that it was my fault. Looking back, I realized that he is responsible for my accident. Can I still sue him? Is there any time limit for personal injury case? I still have his name and contact details.
Legal Center of Homestead Abramson & Magidson, P.A. | John M. Abramson
Florida has a 4 yr statute of limitations for negligence claims. You are probably out of luck.
Answer Applies to: Florida
Harvath Law Offices | Michael T. Harvath
In Missouri, the statute of limitations for personal injury cases is 5 years. This means that you have 5 years from the date of the accident to file a suit. In some instances, however, the period may be tolled, or extended, and we have been successful in this regard in the past with other cases. There are a few reasons why the statute can be tolled. More detail would be necessary, such as the exact date of the accident, the reasons why you were not aware that the accident was the fault of the motorcycle driver, and more, in order to determine if there is still time to file a suit and collect compensation for your injuries. A careful review of the accident report by an attorney would allow a determination to be made as to your likelihood of recovering compensation. If your injuries have had any long-term effects, you could be entitled to a large recovery. However, I would not recommend delaying another day, due to the statute of limitations.
Answer Applies to: Missouri
The Lucky Law Firm, PLC | Robert Morrison Lucky
Unfortunately, in Louisiana you have one year from the date of the accident to either settle your claim or file suit against the at-fault parties. Since you have not filed suit after five years, it appears that you no longer have any legal rights of recovery.
Answer Applies to: Louisiana
Lapin Law Offices | Jeffrey Lapin
The statute of limitations in Nebraska for a vehicle accident is 4 years from the date of the accident. There are a couple of exceptions such as if you were a minor or under a mental disability, both of which would extend the time. Technically you could still sue the driver as the statute of limitations is an "affirmative defense" that the other driver could "waive" if he wanted to. However, if he did assert it your case would be dismissed.
Answer Applies to: Nebraska
Jackson Law Company PLLC | Robert L. Jackson
If this is an Idaho case the statute of limitations (time you have to sue after an event) is 2 years if you were an adult competent person at the time of the injury. There are special rules for minors and people under certain disabilities. You should consult with an attorney who deals with personal injury law cases for more information.
Answer Applies to: Idaho
Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
Personal injury claims must be brought within 3 years of the date you suffered the injury. Sounds like you are out of luck, unless you only recently turned 18, in which case you could bring a claim before your 21st birthday.
Answer Applies to: New Hampshire
The S.E. Farris Law Firm | Spencer E. Farris
You have 5 years to file an injury case in Missouri. There may be situations that extend that time, but that would be exceedingly rare. Contact an attorney immediately- this is not a situation to proceed on without professional help.
Answer Applies to: Missouri
Koning & Jilek, P.C. | Jonathan Neal Jilek
There is a three year statute of limitations in negligence cases in Michigan. There is a one year statute of limitation on first party cases, however this is a "rolling" statute of limitations because the benefits (if they apply) are lifelong.
Answer Applies to: Michigan
Magnuson Lowell P.S. | Richard S. Lowell
Unless you were under age 18 at the time of the accident, in Washington, the answer is probably 'no.' With some rare exceptions, you must file a lawsuit for injuries from a vehicle accident within 3 years of the accident. One exception is if the other driver was uninsured. If that was the case, you may be able to make a claim against your own insurance company if you had underinsured motorist coverage.
Answer Applies to: Washington