How long after a car accident can I sue the person who hit my car? 39 Answers as of June 18, 2013I was at a stop sign and a lady hit me from behind. My daughter and I went to the ER after the accident, I was treated and prescribed medication for my back. I was told I would feel the effects later. Now, I have been off from work because of my scavia nerve in my back and I would probably be terminated.
Lapin Law Offices | Jeffrey Lapin
You can sue the at-fault person at any time after your car accident as long as the statute of limitations has not expired. If the statute of limitations does expire you, assuming the other side raises it as a defense, which almost always occurs, you will be prevented from collecting any money for your accident. Generally, for accidents involving private citizens only (no government or political subdivision, such as a public school, or their employees involved) the statute of limitations is four (4) years from the date of the accident. For claims involved a government, political subdivision or one of their employees, the statute of limitations is shorter and there are other time requirements as well. In addition, there could be other things that shorten the statute of limitations, such as the death of the at-fault person. In many cases, you would want to try to settle before filing a lawsuit. I would suggest talked to a personal injury attorney about your case. Most accident attorneys offer a free consultation so it will not cost you anything to learn more about your rights and the statute of limitations.
Answer Applies to: Nebraska
Blaske & Blaske, P.L.C. | John F. Turck IV
You have three years to bring what is commonly referred to as a third-party lawsuit against the driver who hit you. Note, however, that you also have the right to bring a first-party (sometimes called "personal injury protection", or "PIP, or "No-Fault") claim against your auto carrier for No-Fault benefits, i.e. medical bills, replacement services, lost wages/salary. A one-year statute of limitations applies to those claims, so you should be sure to consult with an attorney about both potential claims.
Answer Applies to: Michigan
Law Offices of Mark West | Mark West
The statute of limitations on most personal injury claims is 2 years. This would include car accidents. (So long as there was no government entity involved, i.e. a gov't employee driving a gov't vehicle which caused the accident) You should contact an attorney if you are getting close to the statute so as to protect it from lapsing.
Answer Applies to: California
Timiney Law Firm | Leigh Anne Timiney
It depends upon the state you are in. All states have a statute of limitations, which is a period of time in which a person has to bring a personal injury claim. In most states this is two years. Not knowing when or where your accident happened, it is difficult to give you a full answer. You have the ability to establish a personal injury claim with the at fault driver's insurance company and seek compensation for your medical bills, lost wages and pain and suffering through their insurance. I would suggest you contact a personal injury attorney in your area and seek a consultation. He or she will be able to hear all of the facts of your case and help you make a fully informed opinion as to what your legal options are. Good luck to you.
Answer Applies to: Arizona
Frank Law Group, P.C. | Brett E. Rosenthal
You have two years post accident to file suit, however, in advance of filing suit once you have completed your medical treatment get copies of your records and bills and submit a settlement demand to the carrier for the at fault party. If you have questions, contact me at the number below.
Answer Applies to: California
Fairlie & Lippy, P.C. | Christopher A. Bradley, Esq.
The statute of limitations for personal injury claims is two years in Pennsylvania. That means you need to file a claim with the appropriate court within two years of the date of the accident or you will lose any right to file a claim. You should consult with an experienced personal injury lawyer to discuss your rights.
Answer Applies to: Pennsylvania