How long after a car accident can I sue the person who hit my car? 39 Answers as of June 18, 2013

I 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.

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W Morris Taylor, PC | W Morris Taylor
Mo has a 5 year window for the type of claim you have. Be certain to document your medical complaints.
Answer Applies to: Missouri
Replied: 11/8/2012
Lapin Law Offices
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
Replied: 11/8/2012
Law Offices of Anie N. Akbarian | Anie N. Akbarian
Your have two years from the date of the accident to bring a legal action against the party at fault.
Answer Applies to: California
Replied: 11/1/2012
John Russo | John Russo
That would be 3 years.
Answer Applies to: Rhode Island
Replied: 11/1/2012
A. Dawn Hayes & Assoc. P.A.
A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
You have four years from the date of accident to file a lawsuit.
Answer Applies to: Florida
Replied: 10/31/2012
    Law Office of Edmund P. Allen Jr. | Edmund P. Allen Jr.
    In Washington State, the statute of limitations for a negligence claim like this is three years.
    Answer Applies to: Washington
    Replied: 10/31/2012
    Sedin Begakis & Bish | Mindy Bish
    So long as the driver was not employed by a gov't entity or the car was not owned by a gov't entity you have 2 years.
    Answer Applies to: California
    Replied: 10/31/2012
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    In West Virginia you have two years to file suit from the date of the incident.
    Answer Applies to: West Virginia
    Replied: 10/31/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    3 years if you have any injury at all, make sure to follow up with doctors. Insurance companies don't believe a word you say about injury unless you have a doctor to confirm it.
    Answer Applies to: North Carolina
    Replied: 10/31/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    The statute of limitations governing time limits when a law suit can be filed differs from state to state. Call a lawyer in your state for further advice .
    Answer Applies to: Illinois
    Replied: 10/31/2012
    Dunlap Law Offices | Jerry J. Dunlap II
    In Oklahoma, the Statute of limitations prescribes a period of two (2) years from the date of the accident within which to file a lawsuit to recover for your injuries and property damage.
    Answer Applies to: Oklahoma
    Replied: 10/31/2012
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    You have up to two years to file. Continued treatment for the injuries is important to your eventual recovery so go to the therapy and treatments the Doctor recommends.
    Answer Applies to: Texas
    Replied: 10/31/2012
    Blaske & Blaske, P.L.C.
    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
    Replied: 10/31/2012
    Law Offices of Mark West
    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
    Replied: 10/31/2012
    Timiney Law Firm
    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
    Replied: 10/31/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You have up to three years after the accident to file suit.
    Answer Applies to: South Carolina
    Replied: 10/31/2012
    David Heller, Attorney at Law
    David Heller, Attorney at Law | David Heller
    In Texas, there is a two year statute of limitations from the date of the accident, after which it will be too late to file a lawsuit.
    Answer Applies to: Texas
    Replied: 10/31/2012
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    In Oregon you have two years to file a lawsuit.
    Answer Applies to: Oregon
    Replied: 10/31/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You have 2 years to file a suit ,but you should see an attorney now since there are a number of things that should be done quickly to best advance your case.
    Answer Applies to: Connecticut
    Replied: 10/31/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Two years in Alabama. It is different in every state. Minors have different amounts of time in each state.
    Answer Applies to: Alabama
    Replied: 10/31/2012
    Law Offices of Frank M. Nunes, Inc.
    Law Offices of Frank M. Nunes, Inc. | Frank M. Nunes
    In California one must file a lawsuit against the responsible parties before the two year anniversary of the accident.
    Answer Applies to: California
    Replied: 10/31/2012
    Frank Law Group, P.C.
    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
    Replied: 10/31/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    The Texas statute of limitations on auto accidents gives you two years from the accident date to sue. Good luck.
    Answer Applies to: Texas
    Replied: 10/30/2012
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