It has been two years since the accident, can I still sue and if so for how much? 30 Answers as of December 28, 2012

I was parked at a red light behind a car and suddenly I was struck from the back by a teenager who was going 40 mph while texting and driving. My car rammed the car in front of mine. I was sandwiched between two cars. I felt bad for the kid so I did not press charges nor did I want to sue, but my back and specifically my neck has been aching ever since the accident. I got an MRI and it showed slight damage to my cervical vertebrae.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If you did not make a police report, or if the car ahead of you did not, then you probably will be left without a remedy. If a police report was made, then under Michigan law, you have 3 years from the accident date to sue for pain and suffering. Under Michigan law, your claim for lost wages, medical mileage, medical bills, and household replacement services had to be made against your own insurance company, and you had to file an Application For Benefits within one (1) year of the accident. If you did not, then you are screwed. However that does not prevent you from suing the other driver and the owner of the car which hit you.
Answer Applies to: Michigan
Replied: 12/28/2012
John Russo | John Russo
Right two years later, just be honest you are looking for money, the statute on personal injury claims in most states is 3 years, from the date of the incident.
Answer Applies to: Rhode Island
Replied: 12/12/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Doesn't sound like you were hurt very bad and you may have trouble proving whatever problem you have came from this collision. You must have a doctor say that the problem is connected causally 3 yrs is the statute of limitation.
Answer Applies to: North Carolina
Replied: 12/13/2012
Johnson & Johnson Law Firm, PLLC | Richard Johnson
WA. has a three (3) year limitation of action statute on personal injury and / or property damage claims. You have 3 years from the accident date to either settle your claims or to start suit to toll (stop) the running of the limitation of action statute. (If a minor is injured, the statute on the minor?s injuries doesn?t run until age 21.) You have a civil claim for damages even though the at ? fault driver was not charged out by the police. Was the at-fault insured for liability purposes? If not, did you have Uninsured Motorist Coverage on your own car? IF this is only an UNinsured Motorist claim, then in WA. there is a six year limitation of action statute because the insurance coverage arises from a written contract = the insurance policy.
Answer Applies to: Washington
Replied: 12/13/2012
Law Offices of Mark West
Law Offices of Mark West | Mark West
In California, the statute of limitations on such an accident is 2 years. If you have passed 2 years since the date of the incident, I am afraid you are too late. If it is before the 2 year mark, you should contact a local attorney immediately and see if someone can assist you.
Answer Applies to: California
Replied: 12/13/2012
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 12/13/2012
    The Smalley Law Firm, LLC | Cary Smalley
    In Kansas you have two years from the date of the accident to file a lawsuit.
    Answer Applies to: Kansas
    Replied: 12/13/2012
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    In Colorado, you have 3 years to file a claim for damages resulting from injuries sustained in a motor vehicle accident. If you fail to file within the 3 years from the date of the accident, you lose your rights completely. You should retain a qualified injury attorney right away.
    Answer Applies to: Colorado
    Replied: 12/13/2012
    Diamond Fuquay, LLC
    Diamond Fuquay, LLC | Ross Diamond
    Alabama has a 2 year statute of limitations and if that has passed, you have lost any claim you may have. If the 2 year anniversary date has not yet passed, you need to hire a lawyer and get suit filed quickly.
    Answer Applies to: Alabama
    Replied: 12/13/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    In Washington, a typical auto accident carries with it a 3-year statute of limitations; so the answer to your question is: Yes. You can sue anytime up to 3-years following the accident. As for "how much," no one can answer that question without knowing a lot more about your condition, your medical treatment, your medical expenses and more. What you should do is contact a personal injury attorney to discuss your claim in more detail. Time is of the essence. Once the 3 years is gone - you will be left without a remedy.
    Answer Applies to: Washington
    Replied: 12/13/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    I am sorry to hear about your accident and your injuries. I would suggest you contact a personal injury attorney in your area as soon as possible. All states have a window of time in which you can bring a lawsuit for injuries suffered in an accident. It is called a statute of limitations. In many states the statute is 2 years. Some states are one year only. Contact a personal injury attorney asap and give him or her all of the details of your case. Hopefully it is not too late for you to try and pursue an injury claim. Good luck to you.
    Answer Applies to: Arizona
    Replied: 12/13/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    It depends upon the state in which it occurred. There are strict statute of limitations for bring lawsuits for personal injury. You do have a case and can demonstrate damages. His insurance, or his parents' insurance, will cover your medical bills and your pain and suffering.
    Answer Applies to: Illinois
    Replied: 12/13/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You have up to 2 years to sue.
    Answer Applies to: Connecticut
    Replied: 12/13/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If you have soft tissue injuries, in Michigan, you probably will recover nothing.
    Answer Applies to: Michigan
    Replied: 12/13/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    In Texas you have two years after an auto collision to sue. Under ordinary circumstances (and you haven't mentioned any circumstances that would give rise to an exception), if the two-year anniversary of the accident has passed your suit is barred.
    Answer Applies to: Texas
    Replied: 12/13/2012
    Kittell Law Firm | Christopher Kittell
    Whether you can still file a lawsuit depends on your state's statute of limitations. In Mississippi where I practice, you would have three years to file suit so you could still do so even though the car wreck in which you were injured happened over two years ago. You should consult a personal injury attorney in your state to see if there is still time remaining to file your lawsuit. Good luck!
    Answer Applies to: Mississippi
    Replied: 12/13/2012
    LAW OFFICE OF MATT UHRIG, LLC
    LAW OFFICE OF MATT UHRIG, LLC | Matt Uhrig
    In Missouri you have five years. *See* RSMo 516.120. The language in this statute is a bit hard to understand, but, in essence, you have five years from the date of the accident to have your lawsuit filed. While that may seem like a long time, it is best not to wait. If you are injured, you should contact an attorney to assess your claim and begin the process of negotiating a settlement with the insurance company. You will want plenty of time to decide whether or not to file suit.
    Answer Applies to: Missouri
    Replied: 12/13/2012
    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: 12/13/2012
    Barr, Murman & Tonelli, P.A.
    Barr, Murman & Tonelli, P.A. | Daniel P. Mitchell
    You have four years from the date of accident to file a lawsuit.
    Answer Applies to: Florida
    Replied: 12/13/2012
    Pearson & Associates
    Pearson & Associates | Gary Pearson
    you have 4 years from the date of the accident to sue. You really should have gotten an attorney right away to protect your rights.
    Answer Applies to: Nebraska
    Replied: 12/12/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In NJ, two year statute of limitations is a bar. if more than that you are out of luck.
    Answer Applies to: New Jersey
    Replied: 12/12/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The statute of limitations in Florida for automobile accident cases is four years, so you can still sue. However, his insurance may not cover the accident if you didn't report the accident to the police and he didn't promptly report the accident to his insurance company. It's impossible to even hazard a guess as to what your injuries are worth based upon the complete lack of facts you have given (i.e., medical bills, lost wages, what physical injuries your doctor believes you suffered as a result of the accident.
    Answer Applies to: Florida
    Replied: 12/12/2012
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    In West Virginia you have two years from the date of the accident to file a lawsuit, so it depends on the date.
    Answer Applies to: West Virginia
    Replied: 12/12/2012
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The limitations period for a harm to you caused by negligence is 3 years in Wisconsin. But if the wrongdoer had no insurance or property you could not collect much. Also there could be problems of proof, unless you had a medical examination very soon after the accident. Finally in a Complaint filed in court in this State you do no ask for a specific amount, and in any case it's really impossible to even guess at your damages without much more information.
    Answer Applies to: Wisconsin
    Replied: 12/12/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney immediately. You may soon loose, or have already lost, your tight to sue. O
    Answer Applies to: Michigan
    Replied: 12/12/2012
    Morgenstern & Herd, P.A. | Dennis M. Morgenstern
    The statute of limitations for an automobile accident claim is 4 years from the date of the accident.
    Answer Applies to: Florida
    Replied: 12/12/2012
    Paul Levin | Paul Levin
    This is likely worth consulting an attorney who practices in this area of law. Depending upon where you live, i could assist or refer to a trusted colleague.
    Answer Applies to: Connecticut
    Replied: 12/12/2012
    Clardy & Tuomey, PLLC
    Clardy & Tuomey, PLLC | Elizabeth Tuomey
    For that type of case, Virginia law gives you exactly two years to file your claim. You will need to check the exact date of the accident to determine if you are still within the two years. If so, you will need to file suit immediately to preserve your ability to recover.
    Answer Applies to: Virginia
    Replied: 12/12/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    In what state did the accident happen . Statues of Limitations do vary between states . So where the accident happened can impact your ability to make a claim .
    Answer Applies to: Illinois
    Replied: 12/12/2012
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