Have I waited too long to pursue my injury due to car accident? 46 Answers as of April 28, 2013

I was in a car accident May, 2012. At the time, I went to the emergency room and had cats cans and MRI completed. I am being billed for thousands of dollars in medical bills and well as suffering with my knee and have back issues due to this accident.

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Durham Jones & Pinegar | Erven Nelson
In Nevada it is not too late. You have two years from the date of the accident to file a lawsuit. You can make a demand on the other driver and insurance company immediately, and should do so.
Answer Applies to: Nevada
Replied: 4/28/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
All states have statutes of limitations that control how long you have to sue. You need a local lawyer to tell you your rights in your state.
Answer Applies to: Michigan
Replied: 4/26/2013
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
No, you have still until May 2014 to file a lawsuit and you are not too late.
Answer Applies to: California
Replied: 4/25/2013
SHAPIRO LAW GROUP | ERIC L. SHAPIRO
In Georiga, you have two years from the time of the injury to file suit. Give us a call for a free consultation.
Answer Applies to: Georgia
Replied: 4/25/2013
Lydy & Moan | C. Gary Wilson
You have up to two years to file suit for personal injuries that are the fault of another, whom you can name and serve with the suit.
Answer Applies to: Ohio
Replied: 4/25/2013
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    It is not to late, there is a 2 year statute of limitations on negligence cases.
    Answer Applies to: Connecticut
    Replied: 4/25/2013
    Robert Butwinick | Robert Butwinick
    Assuming the accident happened in Minnesota, its not too late. Minnesota has a six year statute of limitations for automobile accident negligence claims. If you haven't done so already, you should consult with an experienced injury lawyer you can assist you. Feel free to give me a call or email.
    Answer Applies to: Minnesota
    Replied: 4/25/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    You have not waited too long to pursue a claim. In Georgia, you have two years from the date of your accident within which to file suit. Making a claim does not toll the statute of limitations- only a law suit preserves your claim. Because the claim/suit process may take months or even years, there is little if any benefit to you in delay.
    Answer Applies to: Georgia
    Replied: 4/25/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You have waited too long as far as no-fault is concerned. Whether you were a driver or passenger, no-fault covers you for medical bills and loss of income. But: you have to file your claim within 60 days or you get no benefits. If you can prove that the accident was someone else's fault, you can sue them if you have a "serious injury" as that term is defined by law. The statute of limitations in NY is 3 years.
    Answer Applies to: New York
    Replied: 4/25/2013
    Merdes & Merdes, P.C.
    Merdes & Merdes, P.C. | Ward Merdes
    The Statute of Limitations for injury to adults in Alaska is two years. AS 09.10.070.
    Answer Applies to: Alaska
    Replied: 4/25/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    In Michigan your wage loss, medical expenses and replacement services are paid by your own auto No Fault insurance policy. You must make the PIP claim IN WRITING with your own insurer by filling out an Application for Benefits (AFB) and you must do so WITHIN 1 YEAR of the date of the crash. If you do not file your AFB within 1 year, your PIP claim will be barred. If you do file the AFB and if benefits aren't paid within 1 year of their accrual, you must file suit on any overdue benefits within 1 year of their accrual or you will lose benefits on a day by day basis as you are only allowed to reach 1 year back from the day suit is filed. Your possible 3rd party claim against any negligent owner/driver has a 3 year time limit and your injuries must rise to the level of a serious impairment of a body function that effects your ability to live your normal pre-accident life and/or permanent serious disfigurement in order for you to be allowed to make this claim.
    Answer Applies to: Michigan
    Replied: 4/25/2013
    John Russo | John Russo
    3 years from the date of the accident, but you are doing this on your own retain a good PI lawyer, they receive nothing unless you do, and you will always receive more with one then without one, for one simple fact, you are not a lawyer.
    Answer Applies to: Rhode Island
    Replied: 4/25/2013
    M. Judith Barnett, P.A.
    M. Judith Barnett, P.A. | Jeanine Carafello
    No, in Mississippi the statute of limitations is three years from the date of the negligent accident.
    Answer Applies to: Mississippi
    Replied: 4/25/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Your matter may well be pursuable. It should certainly be looked into. I could definitely help with that.
    Answer Applies to: Michigan
    Replied: 4/25/2013
    Law Offices of Alexander E. Gilburg
    Law Offices of Alexander E. Gilburg | Alexander E. Gilburg
    In California, you have a two year deadline to file your case in court. So you have until May 2014. If you want to protect your rights and recover maximum compensation, hire a good attorney.
    Answer Applies to: California
    Replied: 4/25/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    You have 3 years from the date of the accident to commence suit against the responsible party if the accident happened in Washington state.
    Answer Applies to: Washington
    Replied: 4/25/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    In Iowa you would have two years to file the claim, so you're probably alright filing it now.
    Answer Applies to: Iowa
    Replied: 4/25/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    In Oregon you have two years from the date of loss to file a law suit.
    Answer Applies to: Oregon
    Replied: 4/25/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    If your accident occurred in the State of California, you have two years from the date of the accident to file a lawsuit. That means that you can file a claim with the person responsible for the accident now! If the other party was the cause of your accident, you were not negligent and you had your own auto insurance policy, you are entitled to recover for all your medical expenses, your loss of income and for you pain and suffering. You ought to talk to a personal injury attorney about your rights. We would be happy to help you.
    Answer Applies to: California
    Replied: 4/25/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Statute is 3 years. get you a good lawyer and go.
    Answer Applies to: North Carolina
    Replied: 4/25/2013
    workerscomp.tv
    workerscomp.tv | Terrence A. Valko
    No. You have a two year statute of limitations to bring suit for a neligence claims such as a car accident. One year for intentional acts. If you waived your right to sue (Limited Tort) no lawyer will take the case unless you are seriously and permanently injured.
    Answer Applies to: Pennsylvania
    Replied: 4/25/2013
    Roberto Salazar
    Roberto Salazar | Roberto Salazar
    You are still in time to bring a claim and lawsuit under Texas law (since it has not been two years) as long as you were not the driver at fault for the accident. I would consult a personal injury lawyer like myself for advice and prosecution of your claim and rights immediately.
    Answer Applies to: Texas
    Replied: 4/25/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    The statute of limitations would not seem to be a problem here .Why have you not talked with a lawyer before now ? DO THAT ASAP.
    Answer Applies to: Illinois
    Replied: 4/25/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Take your automobile insurance policy to an attorney and have the matter reviewed today. Generally, you will have no longer, and perhaps a much shorter time than one year to make your claim.
    Answer Applies to: Michigan
    Replied: 4/24/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Were you at fault or was the other person. If the other person, you have two years to bring a civil action against that person.
    Answer Applies to: Idaho
    Replied: 4/24/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    No, call me to discuss.
    Answer Applies to: Florida
    Replied: 4/24/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    No. You have two years from the date of loss to file suit for bodily injury. Proceed with your claims.
    Answer Applies to: Ohio
    Replied: 4/24/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    You still have a viable claim, in terms of the limitation of action statute. Sounds like, though, that you have a huge gap in time between the MVA, the initial evaluation and then you didn?t treat / see a doctor, and so now the liability insurer will say you must not have been injured very badly, or else you would have kept going to the doctor OR there must have been a new injury to explain why you are having problems now. IF you are having problems you relate to the MVA, you should at least get in to your PCP and get a record of that created, and see if your PCP will want to refer you out for P.T., or further diagnostics.
    Answer Applies to: Washington
    Replied: 4/24/2013
    Underwood & Riemer, P.C.
    Underwood & Riemer, P.C. | James D. Patterson
    No, the statute of limitations in Alabama for personal injury cases such as a car accident is 2 years. So, you would have until May 2014 to file a lawsuit for your claims.
    Answer Applies to: Alabama
    Replied: 4/24/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    In Alabama, you have 2 years to sue. Talk to a lawyer experienced in accident law. Good luck.
    Answer Applies to: Alabama
    Replied: 4/24/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    No, it is not too late.
    Answer Applies to: Georgia
    Replied: 4/24/2013
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    In California, the statute of limitations for personal injury is 2 years. There are other statutes, for example, 6 months for a claim to a government entity, that may apply - you did not provide enough information.
    Answer Applies to: California
    Replied: 4/24/2013
    Law Office of Nathaniel Landman | Nathaniel Landman
    In Missouri the statute of limitations is five years from the date of the injury. So you have time to pursue your claims and seek the assistance of legal counsel.
    Answer Applies to: Missouri
    Replied: 4/24/2013
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    The statute of limitations is two(2) years so you still have time to hire an attorney to file a lawsuit for your injuries.
    Answer Applies to: Ohio
    Replied: 4/24/2013
    The Martini Law Firm, PC
    The Martini Law Firm, PC | Tanja K. Martini
    In Texas, you have 2-years from the date of injury to pursue a negligence claim. Since you were involved in a car accident, you may seek to recover damages for personal injuries and property damage to your vehicle.
    Answer Applies to: Texas
    Replied: 4/24/2013
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    You have definitely NOT waited too long. If you have auto insurance yourself, you should call them up and ask if you have PIP coverage - and if you do, you should send those outstanding bills to your insurer. In the meantime, you should contact a qualified personal injury attorney in your area to assist you in pursuing a claim. In Washington, there is a 3 year statute of limitations. A claim must be commenced against the 'at fault' party before that period expires.
    Answer Applies to: Washington
    Replied: 4/24/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You have three years to bring a lawsuit in NY. Your bills should have been paid by the host vehicle. (the car you were in) under no fault provisions. You should contact an attorney to discuss this matter further.
    Answer Applies to: New York
    Replied: 4/24/2013
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    You have only one year from the date of your accident to file a lawsuit, i.e. suit MUST be filed with the correct court before the close of business on the anniversary date of your accident. You should consult with a personal injury attorney in your area immediately.
    Answer Applies to: Louisiana
    Replied: 4/24/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    You have four years from the date of your car accident to file a lawsuit.
    Answer Applies to: Florida
    Replied: 4/24/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The statute of limitations in Florida is 4 years from the date of the accident. If you did not timely report the accident, and your injuries, to your own insurance company, then they may not still be willing to cover your medical bills under PIP. J
    Answer Applies to: Florida
    Replied: 4/24/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If in California, no. 2 year statute. See counsel asap wherever you are. If potential defendant is a government agent or agency, then you have probably waited too long, wherever you are.
    Answer Applies to: California
    Replied: 4/24/2013
    Law Office of Steve Leydiker
    Law Office of Steve Leydiker | Steve Leydiker
    You have 2 years from the date of the injury to file a lawsuit, so you have time. I would suggest hiring an attorney if you want the insurance company to take you seriously.
    Answer Applies to: California
    Replied: 4/24/2013
    Sarangi Law, LLC
    Sarangi Law, LLC | Fareesh Sarangi
    First, I'm sorry you are having all of these problems, and I hope you can get the medical care you need to start the healing process. Luckily in Georgia, you have 2 years from the date of the accident to file a claim. So while you are not out of time, you should contact an experienced personal injury attorney who can help you assess the specifics of your case and the best litigation strategy. We all offer free consultations so there is no risk, and none of us charge any upfront fees. If we don't get you anything from the case, you owe us nothing. I do a lot of medical malpractice, and my personal bias is to find an attorney who really understands the medicine behind a case, because in this case, there is a significant "gap in treatment" which just means a long time has passed since you had the accident and you were first treated. To really get you a just recovery, your attorney will need to understand how your specific injuries can take time to manifest themselves, demonstrate how painful and debilitating they are, and rule out any intermediate issues that the other side will try and argue actually caused the injuries. You may also have a preexisting condition (like degenerative disk disease) that the other side will try and use to reduce your settlement value. A good attorney will ask you all the right questions upfront so you can build your case and have realistic expectations about the outcome.
    Answer Applies to: Georgia
    Replied: 4/24/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    In Nevada there is a two year statute of limitations for personal injuries.
    Answer Applies to: Nevada
    Replied: 4/24/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    If your accident happened in Washington State and was not an intentional assault, you have three years to file suit. However, it is best to hire an attorney right away to protect your rights and secure evidence to support your claim. Most experienced personal injury attorneys will take a case on a contingency basis which means you don't have to pay the lawyer for their time and they will take a share of the recovery for their fee, usually .33 to .40, unless there is an appeal. This works well for the client because they don't have to pay a lawyer's hourly rate up front, and the lawyer is motivated to get the maximum reasonable recovery because it also increases their share.
    Answer Applies to: Washington
    Replied: 4/24/2013
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