Can you sue years later from an accident? 40 Answers as of March 21, 2013

My girl and I got rear ended years ago. Now I am getting serious back pain and I know it's from this accident.

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Lewis B. Kaplan | Lewis B. Kaplan
My "GUESS" is that the statute of limitations has expired. But to be sure speak personally with a lawyer.
Answer Applies to: Illinois
Replied: 3/21/2013
Stephens Gourley & Bywater | David A. Stephens
The statute of limitations in Nevada is 2 years.
Answer Applies to: Nevada
Replied: 3/21/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Every State has their own Statutes of Limitations. If your case occurred long enough ago for the STatute to have run, then you are without any remedy. Under Michigan law, you have 3 years. The ONLY exception is if you were a child under the age of 18, when you would be able to file suit on or before your 19th birthday.
Answer Applies to: Michigan
Replied: 3/21/2013
D. Malone Law Firm, PLLC
D. Malone Law Firm, PLLC | Drew Malone
There is a three (3) year statute of limitations on automobile wrecks in the state of Mississippi. All suits must be brought before that period ends.
Answer Applies to: Mississippi
Replied: 3/21/2013
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
There are Statutes of Limitation on causes of action in Michigan. In a car crash you generally have 1 year within which to file a written Application for Benefits so as to claim/receive No Fault Benefits (PIP) from your own insurer. You generally have 3 years within which to sue any negligent parties for injuries caused to you/your girlfriend. Certain things can extend the Statute of Limitations, such as being a minor at the time of injury, being mentally incapacitated, being in the armed forces, etc. It is always best to consult an attorney that regularly handles the type of case you may have to determine how your fact pattern fits in to the current law.
Answer Applies to: Michigan
Replied: 3/21/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    In California you generally have a 2 year statute of limitations on auto accident personal injury claims.
    Answer Applies to: California
    Replied: 3/21/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    The statute of limitations in California is two years, with some exceptions. See a lawyer ASAP.
    Answer Applies to: California
    Replied: 3/21/2013
    Gates' Law, PLLC | Thomas E. Gates
    You need to check the statute of limitations.
    Answer Applies to: Washington
    Replied: 3/21/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    In WA. the limitation of action statute for personal injury claims is, generally, three (3) years. The claim generally accrues/arises on the injury date. You generally have three years from the injury date to either resolve your claims by settlement, or to institute suit to toll (stop) the running of the SOL. There are exceptions. For example, if the injured person was a minor at the time of the injury, then the SOL does not begin to run until the person?s 18 birthday. So, generally, a minor has up to three years after his/her 18th birthday to either settle or to institute suit.
    Answer Applies to: Washington
    Replied: 3/20/2013
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    Sounds like it is going to be tough to prove causation. Also, the statute of limitations may have run out already. If it has, you will be bared from filing a lawsuit.
    Answer Applies to: Illinois
    Replied: 3/20/2013
    Mike Lewis Attorneys | Mike Lewis
    Suit must be filed within 3 years from the accident date.
    Answer Applies to: North Carolina
    Replied: 3/20/2013
    The Law Offices of Barry Regar | Barry Regar
    California has a two year Statute of Limitations which means that a lawsuit for an adult must be filed within two years from the date of the accident in order for the lawsuit to be viable. A minor who has been in an auto accident has two years from the date of their 18th birthday to file their lawsuit.
    Answer Applies to: California
    Replied: 3/20/2013
    Durham Jones & Pinegar | Erven Nelson
    Generally speaking, you are limited to two years in Nevada. Things may be different if you were under 18 when the accident occurred.
    Answer Applies to: Nevada
    Replied: 3/20/2013
    Law Office of Malosack Berjis
    Law Office of Malosack Berjis | Malosack Berjis
    In California, the statute of limitations, on personal injury cases, is two (2) years from the date of the injury.
    Answer Applies to: California
    Replied: 3/20/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If your accident happened over 3 years ago in the state of Washington, your claims against the defendant driver are barred by the statute of limitations. Your daughter's claims may or may not be barred depending upon how old she was when the accident happened, i.e., the statute of limitations is tolled while the injured party is under 18 years of age.
    Answer Applies to: Washington
    Replied: 3/20/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need more details and the length of time. You should counsel with an attorney.
    Answer Applies to: Michigan
    Replied: 3/20/2013
    S. Joseph Schramm | Joseph Schramm
    If the accident happened more than two years ago you will probably be barred by Pennsylvania's two year statute of limitations if the suit is brought in this state. If the accident occurred in another state with a longer statute of limitations or if the defendant lived in such a state, you might be able to pursue a claim, but you may have a difficult time proving that your present problems are related to an auto accident that happened years ago.
    Answer Applies to: Pennsylvania
    Replied: 3/20/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    The normal statute of limitations for a bodily injury claim is two years from the date of the accident. However, for minors, the statute of limitations does not begin to run until the child turns eighteen. So, if you were a minor at the time of the accident, you would have until your 20th birthday to file a lawsuit.
    Answer Applies to: Ohio
    Replied: 3/20/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    No you can not sue the person responsible for your injuries. There is a two year statute of limitations on bringing such a lawsuit.
    Answer Applies to: California
    Replied: 3/20/2013
    workerscomp.tv
    workerscomp.tv | Terrence A. Valko
    If you are an adult, you have two years from the date of the auto accident in which to bring suit. If you were under the age of 18, you have until the age of twenty to bring suit.
    Answer Applies to: Pennsylvania
    Replied: 3/20/2013
    Lydy & Moan | C. Gary Wilson
    Unfortunately, the statute of limitations applies, unless you were a minor at the time of the accident and did not settle the claim before.
    Answer Applies to: Ohio
    Replied: 3/20/2013
    Wandres Law. PC
    Wandres Law. PC | Patrick Wandres
    In Oklahoma, the statute of limitations for car accident claims is generally two years from the date of the accident. This means that a lawsuit must be filed within two years. If the statute of limitations expires before a lawsuit is filed, a claimant faces the possibility of having his/her dismissed and forever barred. For more information about car accident claims, contact an attorney to discuss your case and your litigation options.
    Answer Applies to: Oklahoma
    Replied: 3/20/2013
    Underwood & Riemer, P.C.
    Underwood & Riemer, P.C. | James D. Patterson
    Statute of limitations in Alabama for personal injury is 2 years from the date of the accident. There are some "tolling" exceptions, but it doesn't appear to apply in this case. If it's still under the 2 year time frame, you need to immediately file a lawsuit or find an attorney as soon as possible before your time runs.
    Answer Applies to: Alabama
    Replied: 3/20/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You have 2 years from the date of accident to bring a lawsuit.
    Answer Applies to: Connecticut
    Replied: 3/20/2013
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    The statute of limitations for a personal injury claim in Georgia is 2 years. The claim must be settled or a lawsuit filed by the second anniversary of the incident or the claim is barred by the statute of limitations.
    Answer Applies to: Georgia
    Replied: 3/20/2013
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    In California, the statute of limitations for those over 18 is 2 years from the date of injury.
    Answer Applies to: California
    Replied: 3/20/2013
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Christopher A. Bradley, Esq.
    Pennsylvania law requires that you bring a claim for your injuries within 2 years from the date of an automobile accident. After 2 years your right to sue the person at fault for the accident is extinguished.
    Answer Applies to: Pennsylvania
    Replied: 3/20/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    You have four years from the date of the injury to file a lawsuit.
    Answer Applies to: Florida
    Replied: 3/20/2013
    Geneva Yourse | Geneva Yourse
    You can file a lawsuit within 3 years of the accident.
    Answer Applies to: North Carolina
    Replied: 3/20/2013
    Paul A. Lauto, PLLC
    Paul A. Lauto, PLLC | Paul A. Lauto
    In general in NY, the statute of limitations for negligence is 3 years from the date of accident.
    Answer Applies to: New York
    Replied: 3/20/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    In Oregon you have 2 years to file a lawsuit.
    Answer Applies to: Oregon
    Replied: 3/20/2013
    Farber & Company Attorneys, P.C.
    Farber & Company Attorneys, P.C. | Eric Farber
    Depends how many years. There is a two year statute of limitations in California on personal injury cases.
    Answer Applies to: California
    Replied: 3/20/2013
    Ezim Law Firm | Dean Esposito
    No, you have one year from the date of the accident to file suit.
    Answer Applies to: Louisiana
    Replied: 3/20/2013
    John Russo | John Russo
    No you are in desperate need of money, and came up with this idea, how could you make a determination so finite that the pain can only be from a years old accident? Anyway the statute is 3 years from the date of accident to file suite.
    Answer Applies to: Rhode Island
    Replied: 3/20/2013
    Robert Butwinick | Robert Butwinick
    Minnesota has a six year statute of limitations on negligence claims, which is what most auto accidents fall under. That means if your accident was less than six years ago, you are technically still able to bring a claim or a suit. Assuming that is the case, the bigger question is what injuries can by causally connected to the accident trauma. Usually that is documented through medical records and reports. Specifically, the question is whether you have received treatment over the years and whether you can meet a tort threshold. Tort thresholds in MN are minimal levels your case needs to reach before you can bring a claim successfully. The most common threshold are $4,000 or more in medical expenses (excluding xrays/scans), permanent injury, disfigurement or 60 days or more of disability. You only have to meet one to survive in court. If your accident was less than six years ago and you are curious about pursuing a claim I recommend consulting with an experienced injury lawyer as soon as possible.
    Answer Applies to: Minnesota
    Replied: 3/20/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have 3 problems: the statute of limitations is 3 yrs in NC and 2. No one will believe you years later and 3, no doctor will say that your present problem can be casually related several years back. They won't take the chance they can be wrong and they really don't know and can't know. Forget it.
    Answer Applies to: North Carolina
    Replied: 3/20/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    There is a statute of limitations for auto accident cases, and in Florida it is four years. If you are within that time frame, go hire a good personal injury lawyer right away.
    Answer Applies to: Florida
    Replied: 3/20/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    In South Carolina, you must file your suit within three years of the accident.
    Answer Applies to: South Carolina
    Replied: 3/20/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    No. You can sue within statute of limitation of your state.
    Answer Applies to: Alabama
    Replied: 3/20/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    You have 2 years to file suit, not to make a claim but to file suit. If you don't file within 2 years, your'e barred.
    Answer Applies to: Georgia
    Replied: 3/20/2013
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