Is there a personal injury statute of limitations? How? 28 Answers as of May 05, 2015

I was in a car accident and they admitted their fault. I have been done with the chiropractor for a few months and I was told that they would put the claim in. Is there a statute of limitations because I am getting worried. How long should the actual case take?

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Walpole Law | Robert J. Walpole
The statute of limitations for a negligence in a car wreck is two years. That means if the case is not settled or lawsuit filed by that date, then you can no longer have a court decide whether you are entitled to compensation. Your state probably has a similar time limitation. Good luck.
Answer Applies to: Oklahoma
Replied: 5/5/2015
Chalat Hatten Koupal & Banker PC
Chalat Hatten Koupal & Banker PC | Linda Chalat
The statute of limitations period for an auto accident claim in Colorado is three years. Typically with an experienced Lawyer, these claims are resolved in 6-12 months.
Answer Applies to: Colorado
Replied: 5/4/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You have two years to file a lawsuit. Treatment limited to chiropractic and failure to hire an experienced attorney will each guarantee you a very small recovery.
Answer Applies to: Illinois
Replied: 5/4/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
In MI your own vehicle insurer should pay any crash related medical expenses. You must file a written Application for Benefits within 1 year of the crash *and* have any and all bills submitted within 1 year of their accrual/service date. If you don't file the written AFB within 1 year your claim will be barred. If you don't submit treatment bills within 1 year, they will be deemed late and need not be reimbursed/paid. There is a 1 year statute of limitations and a 1 year "back" statute of limitations on any No Fault claims vs. your insurer. There is a 3 year statute of limitations for any 3rd party negligence (tort) claim against the at fault party/driver/owner, but you must have serious injuries to qualify to file such a claim. It is best to see local counsel that regularly handles these type of cases for a free consultation regarding the specific facts of your matter.
Answer Applies to: Michigan
Replied: 5/4/2015
S. Joseph Schramm | Joseph Schramm
In Pennsylvania there is a 2 year statute of limitations for personal injuries, generally. This means that you would have 2 years from the date of the injury to file a suit in court after which you would be time-barred from doing so. If you are in any sort of negotiations with the insurance carrier of the party who injured you and the negotiations have lasted for more than a year you should retain counsel to file a suit on your behalf. How long the suit would take to conclude depends on the facts of the case and the nature of the injuries involved and the law. For example if you carry the limited tort option for your car insurance and you have not sustained serious injuries, you might be barred from recovery for pain, suffering and loss of enjoyment of life as a matter of statutory law.
Answer Applies to: Pennsylvania
Replied: 5/4/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    In Alabama, you have 2 years from the date of the accident to file suit or you are forever barred. However, there may be exceptions, so seriously consider consulting an experienced injury lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 5/1/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    S/L is 2 years from date of accident. If you don't have a lawyer, we advise that you retain one; you'll come out ahead. Don't expect the insurance co. to look out for you; their job is to pay you as little as possible.
    Answer Applies to: California
    Replied: 5/1/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    The statute of limitations is 3 years, but do not wait. There's nothing to be gained by waiting, and there's plenty to be lost (witnesses, records, other evidence for proving your case; also, insurance companies can go under financially, and then you're just out of luck). You need to have a lawyer begin handling this for you right now. At the outset, this would require a full discussion of the facts, injuries, and where things stand at this point. Absolutely this should be pursued.
    Answer Applies to: Michigan
    Replied: 5/1/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The Wisconsin statute of limitations for claims based on negligence is 3 years, starting with the date of the incident and continuing until the day you file a lawsuit. Such cases vary immensely in how long they take. If you want a quick settlement, you buy it by settling for a small amount. Getting a larger settlement usually means preparing for a trial just in case you don't get an acceptable offer, and to show the adverse party that you are serious. Get a good personal injury lawyer soon. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/1/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    Colorado's statute of limitations for motor vehicle accidents is 3 years.
    Answer Applies to: Colorado
    Replied: 5/1/2015
    Law Office of Marc June
    Law Office of Marc June | Marc June
    At least in Alaska, there is a 2 year statute of limitations which means in most cases that you must file a lawsuit before the second anniversary of your accident.
    Answer Applies to: Alaska
    Replied: 5/1/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    In Montana, an injured person has three years to file a lawsuit for personal injury. Who is the "they" that would put the claim in for you? Remember, all your medical creditors expect to be paid and, as the patient, you are responsible to make sure they are paid. Complaining later, after your credit is ruined and you are being sued for non-payment, that they should pay for your credit damage doesn't create a new lawsuit in most cases. Your credit is simply damaged and there is little that you can do later, so contact the defendant's insurer yourself today and demand payment of your medical expenses now.
    Answer Applies to: Montana
    Replied: 5/1/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    If you are talking about the statute of limitations to bring a claim for your injuries, it is 3 years from the date of the accident - assuming that the other party is not a governmental agency where a notice of claim has to be filed within 90 days of the accident and the lawsuit started within one year and 90 days.
    Answer Applies to: New York
    Replied: 5/1/2015
    Gates' Law, PLLC | Thomas E. Gates
    You have three year from the time of the injury to bring your claim in Washington.
    Answer Applies to: Washington
    Replied: 5/1/2015
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    Every state has a statute of limitations in personal injury which gives you a certain amount of time to file a claim in court. In Massachusetts you have 3 years to file a complaint or your claim is forever barred.
    Answer Applies to: Massachusetts
    Replied: 5/1/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under Michigan law, there are 2 statutes of limitations: Within 3 years of the accident date, you can sue the other owner and driver for your pain and suffering (subject to the threshold of recovery, namely "serious impairment of body function, serious permanent disfigurement, or death". As to the "no fault" part of the law, if your own insurance company does not pay a bill within 30 days, and it does not have a darned good reason for the delay or denial, you MUST sue the company because if the bill goes unpaid for one year from the date of the service, the company escapes liability. You ask HOW? That is because that is the way the law is worded.
    Answer Applies to: Michigan
    Replied: 5/1/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Two years from the accident. You should get counsel.
    Answer Applies to: Connecticut
    Replied: 5/1/2015
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    North Carolina has a three-year statute of limitations within which a lawsuit must be filed if the case is not settled. If the insurance company has your records and bills, it should not take long to evaluate the claim and make an offer. Unless you have considerable experience negotiating personal injury claims, it would be a good idea to consult an attorney who practices in this area of law.
    Answer Applies to: North Carolina
    Replied: 5/1/2015
    Ezim Law Firm | Dean Esposito
    It is one year from the date of the accident.
    Answer Applies to: Louisiana
    Replied: 5/1/2015
    Ty Wilson Law | Ty Wilson
    Currently the statute of limitations is two years from the date of the wreck. However, that is subject to change at any point in time so it is always recommended that you speak with a Georgia personal injury attorney. Good luck.
    Answer Applies to: Georgia
    Replied: 5/1/2015
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, the statute of limitations for simple negligence is 4 years, but if the medical treatment arose as a result of an automobile accident, you should have submitted your medical bills to your own car insurance promptly, as your PIP would have paid 80% of your medical bills. How long a "case" takes varies so much I cannot hazard a guess.
    Answer Applies to: Florida
    Replied: 5/1/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In New York, it's three years. Get a lawyer, do not do this on your own, You got a chiropractor for your back injury, a professional, someone who is trained, licensed and knows what he is doing. Do the same for your legal claim, this is not a DIY job.
    Answer Applies to: New York
    Replied: 5/1/2015
    Lloyd H. Thomas III P.C. | Lloyd H. Thomas III
    There is a 2 year statute of limitations in Georgia. When you say "they would put the claim in", who are you talking about? Your chiropractor? Your attorney? You are entitled to claim more than just your chiropractic bills. Please consult an attorney before you agree to settle your case.
    Answer Applies to: Georgia
    Replied: 5/1/2015
    End, Hierseman & Crain, LLC | J. Michael End
    The statute of limitations for personal injury cases in Wisconsin is three years from the date of injury.
    Answer Applies to: Wisconsin
    Replied: 5/1/2015
    Jefferson and Biggs | Matthew Jefferson
    Yes there is an SOL for auto cases. Find yourself a lawyer to help with your claim, it should be a 4 year SOL but there are many factors so consult with a lawyer and do not that that as the correct number.
    Answer Applies to: Utah
    Replied: 5/1/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    California Statute of limitations to bring a personal injury action is 2 years from the date of injury. That is the deadline to file a lawsuit if you are not able to resolve your claim by way of settlement.
    Answer Applies to: California
    Replied: 5/1/2015
    Law Offices of George H. Shers | George H. Shers
    There is a statute of limitations for all causes of action. In California, you have to file suit within 2 years for personal injuries [damage to your body] and three years for property damage. How long it will take to resolve the case depends on a lot of factors, none of which you have provided.
    Answer Applies to: California
    Replied: 5/1/2015
    Zitzmann Law, LLC
    Zitzmann Law, LLC | James Zitzmann
    The length of the case can vary, but the prescriptive period for personal injury is generally one year.
    Answer Applies to: Louisiana
    Replied: 5/1/2015
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