What is the statute of limitation for an injury case? 44 Answers as of May 28, 2013

I fell from a bridge I was working on and got a broken back and ribs two years ago. The pain is back and is worse than ever. Can I reopen the claim or sue for medical expenses?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Who are you suing? I can't recall if a workers compensation case is 1 or 2 years. A civil suit is 3 years in Michigan.
Answer Applies to: Michigan
Replied: 8/27/2012
Stephens Gourley & Bywater | David A. Stephens
The statute of limitations is two years for a Nevada personal injury case. I am confused by the reference to reopen. You generally cannot reopen a personal injury claim. You can reopen a worker compensation claim.
Answer Applies to: Nevada
Replied: 8/20/2012
Downriver Injury and Auto Law | Michael Heilmann
This sounds like a Workers Compensation case. It should be no problem re-opening your case unless you settled (redeedmed the claim).
Answer Applies to: Michigan
Replied: 8/20/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
Three years.
Answer Applies to: Rhode Island
Replied: 8/20/2012
Law Office of James J. Rosenberger | James Joseph Rosenberger
If your injury was.the fault of a third party not in the employ of the company you worked for, then you have 3 years from date of accident to commence a lawsuit. Otherwise, I would advise seeking counsel to reopen your L&I claim on the basis of an aggravation of your original condition. Consult free of charge at my office.
Answer Applies to: Washington
Replied: 8/20/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It depends on a lot of factors. Get to a lawyer right away. You may have a great case.
    Answer Applies to: New York
    Replied: 8/20/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Generally two years, or for medical malpractice, one year in Georgia.
    Answer Applies to: Georgia
    Replied: 8/20/2012
    Jeffre Crandall, Attorney at Law | Jeffre Crandall
    3 years for negligence in WA. Two years from medical malpractice or one year from date of discovery of medical malpractice in WA. L&I claims, I don't know.
    Answer Applies to: Washington
    Replied: 8/20/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Answer: That answer isn't as simple as saying a set number of years because there are exceptions. See a lawyer.
    Answer Applies to: Iowa
    Replied: 8/20/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    In your question, you say reopen. If you already have a claim, that impacts the statute of limitations. You should consult with a work comp attorney. Most attorneys will provide a free initial consultation with no obligation.
    Answer Applies to: Alabama
    Replied: 8/20/2012
    Gebler & Weiss, P.C. | Jerrie S. Weiss
    In California it is 2 years from the date of the injury unless it is against a health care provider (doctor, nurse, hospital, therapist, etc) and then it is one year from the date you discover the malpractice and no more than three years from the date of the injury even if you don't discovery it. You would need to consult with an attorney for the application of the statute.
    Answer Applies to: California
    Replied: 8/20/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    In Iowa 2 years from the date of the injury, it varies from State to State. Sounds like a worker compensation injury which is also 2 years in Iowa.
    Answer Applies to: Iowa
    Replied: 8/20/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Two years.
    Answer Applies to: Virginia
    Replied: 8/20/2012
    Law Office of Melvin Franke | Melvin Franke
    Depends upon the kind of injury.
    Answer Applies to: Missouri
    Replied: 8/20/2012
    Langer & Langer
    Langer & Langer | Jon Schmoll
    If you received worker's comp benefits for your injury, you should be able to reopen claim. If you are thinking about a lawsuit, in Indiana the statute of limitations is two years from the date of the injury. You should consult a lawyer NOW.
    Answer Applies to: Indiana
    Replied: 8/20/2012
    Law Offices of Lee and Baghoomian, P.C.
    Law Offices of Lee and Baghoomian, P.C. | Joseph Lee
    The statute is generally two years, however there are some nuanced exceptions that may apply in your case. This is a very time sensitive matter, thus you should approach this with the utmost urgency.
    Answer Applies to: California
    Replied: 8/20/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    The Statute of Limitations depends on who you would be suing. Generally, for workers' compensation cases the Statute of Limitations is 2 years from either the date of your injury or the date of the last payment (only certain payments count) by the employer or the employer's workers' compensation insurer for a work-related injury.

    If your case is against someone other than your employer, the Statute of Limitations may either be 2, 3 or 4 years depending on it is at fault. If the government, a governmental agency, a political subdivisions (such as a city) or any of their employees, you must file a Tort Claim before you can file suit.

    The details about suing one of these is complicated and difficult to explain in this format. If the case is against a private citizen or company, the Statute of Limitations is generally four years from the date of your injury. You also ask, "Can I reopen the claim or sue for medical expenses?" This depends on both the Statute of Limitations and whether you entered into a full and final settlement.

    If the Statute of Limitations has not expired and you did not sign a release or enter into a full and final settlement, you could still pursue a claim for medical expenses. I would suggest talking to an attorney about the Statute of Limitations and re-opening your case. Most offer a free consultation so it will not cost you anything to learn more about these items.
    Answer Applies to: Nebraska
    Replied: 8/20/2012
    Law Offices of Steven D. Urban
    Law Offices of Steven D. Urban | Steven D. Urban
    Two years. Texas Civil Practice & Remedies Code 16.003.
    Answer Applies to: Texas
    Replied: 8/20/2012
    Mike Yeksavich | Mike Yeksavich
    This sounds like a workers' compensation case that you settled since you ask about reopening.

    If you settled the case on what was called a joint petition you probably cannot reopen. However, if you went to trial and an award was made then you might be able to reopen. This consideration is important when considering whether to try a Workers' Compensation case or to settle.

    To often claimants only see "fast" money and settle when they should have went to trial.
    Answer Applies to: Oklahoma
    Replied: 8/20/2012
    David Francis Law
    David Francis Law | David Francis
    That statute of limitations in Nevada is two years from the date of the accident.
    Answer Applies to: Nevada
    Replied: 8/20/2012
    Buchholdt Law Offices | Jon M. Buchholdt
    Two years.
    Answer Applies to: Alaska
    Replied: 8/20/2012
    Meadow Walker, LLP
    Meadow Walker, LLP | Eric Meadow
    The statute of limitations for workers compensation claims is one year, it is 2 years for third party personal injury claims. You should inquire with a qualified lawyer to determine whether the statute has tolled in any manner.
    Answer Applies to: California
    Replied: 8/20/2012
    Walpole Law | Robert J. Walpole
    In Oklahoma, an injured worker has to file a Form 3 with the Worker's Compensation Court within two years of injury.

    That time period is extended and begins to run from the date of last payment if the employer/worker's compensation insurance carrier has either paid for medical treatment or paid you a weekly benefit called temporary total disability (TTD).

    As for the questions whether you can reopen the claim os sue for medical expenses, I can answer as the facts you present do not supply the necessary information. You should contact an attorney.
    Answer Applies to: Oklahoma
    Replied: 8/20/2012
    The Law Offices of Charles Pernice | Chas Pernice
    California has a 2 year statute of limitations for personal injuries which means you have up until the 2 year anniversary to file a lawsuit.
    Answer Applies to: California
    Replied: 8/20/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    What state? Each state has different laws.

    Workers Comp is usually all you can collect unless you can blame another subcontractor or the general contractor for safety violations that caused your injuries.
    Answer Applies to: Montana
    Replied: 8/20/2012
    Bozich & Korn | Joseph A. Korn
    In Illinois, except for a few specific exceptions, the statute of limitations for injury actions is 2 years.? So if your injury occurred later than that, unfortunately, there is not a lot you can do.
    Answer Applies to: Illinois
    Replied: 8/20/2012
    Ezim Law Firm | Dean Esposito
    You have 1 year from the date of the accident/incident to file suit. If you already settled your Case then, in all likelihood, you would not be able to reopen it.
    Answer Applies to: Louisiana
    Replied: 8/20/2012
    W Morris Taylor, PC | W Morris Taylor
    You will want to review your facts with an experienced attorney: you may have missed the statute of limitations on workers comp claim but there may be another avenue to pursue.
    Answer Applies to: Missouri
    Replied: 8/20/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    If you are talking about a worker's compensation claim, then it depends whether you can "reopen" your case or not.

    If your case was resolved with a lump sum settlement, you cannot reopen your case. However, if the case was resolved with "medical open," then your medical bills should continue to be covered into the future (as long as the treatment is medical necessary and related to the incident).

    If you fell because of someone else's negligence or wrongdoing (besides a co-worker who you cannot sue), you would have 3 years from the date of accident to file a claim for pain and suffering.

    If there is no other entity responsible, then worker's compensation is your only avenue.
    Answer Applies to: Massachusetts
    Replied: 8/20/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If you have a workers comp claim and reported it you are fine. For a third party liability claim you have 2 years from the accident.
    Answer Applies to: Connecticut
    Replied: 8/20/2012
    Chadwick Lawrence | Chadwick Lawrence
    Did you settle your workers comp case?
    Answer Applies to: Florida
    Replied: 8/20/2012
    Victor Varga | Victor Varga
    You should have filed a Workers Comp case as it occurred at work. Not sure what your options are now...you need to speak with a WC attorney first.
    Answer Applies to: Maryland
    Replied: 8/20/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You say, reopen. If you settled the claim, it is over. If you haven't made one, contact me to discuss.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The statute of limitations for negligence (or violation of the NY scaffolding law) is three years. Of course, this would have to be against someone other than your employer. But, if the claim is against the State of New York, then the statute of limitations is two years, provided you have served a Notice of Intention. If you are talking about re-opening a comp claim, that depends on whether there was a final settlement.
    Answer Applies to: New York
    Replied: 8/20/2012
    Lennon Miller O'Connor and Bartosiewicz PLC | Christopher Morris
    Unless you had a full final and complete settlement of your case two years ago, you can petition for additional workers compensation benefits in Michigan for the rest of your life.

    There is no "statute of limitations" for workers compensation benefits in Michigan. Instead there is a "claim" limitation of two years. The claim limitation is very loosely interpreted and is extended by the receipt of any other form of benefits.

    If following your injury you received some workers compensation benefits, then the claim provision has been satisfied and you are able to petition for additional benefits at any time in the future.
    Answer Applies to: Michigan
    Replied: 8/20/2012
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