What is the Statute of Limitations if I decide to file suit in small claims court? 25 Answers as of October 23, 2013

I was injured in a T-bone auto accident on 10/29/2013. The insured backed into my vehicle from a red zone across a lane of traffic. My back was injured and caused me to miss nearly 2 and 1/2 months of work plus overtime. In addition to my medical bills which have been paid by my insurance. What is the statute of limitations on my case if I retain an attorney? What is the statute of limitations if I decide to file suit in small claims court? Finally, can my lost wages and overtime be recovered through either of these legal processes?

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Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
A recovery in a case where the other side is as fault includes lost wages and overtime and pain and suffering , medical bills , permanent injury rating ,emotional distress and other components. Most of these cases don't fit into small claims court because they are worth far more than Connecticut's maximum small claims recovery of $5000. An attorney can maximize your recovery and properly build your case.. You have 2 years from the accident to suit.
Answer Applies to: Connecticut
Replied: 10/23/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Two year statute. Sounds as if the case is worth more than the $7,500 limit in S.C.Court.
Answer Applies to: California
Replied: 10/21/2013
Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
In Florida, 4 years.
Answer Applies to: Florida
Replied: 10/21/2013
Law Offices of John W. Merting, P.A.
Law Offices of John W. Merting, P.A. | John W. Merting
Your PIP coverage on your auto policy should cover medical and wage loss up to $10,000. Statute of limitations in auto cases is 4 years in Florida, but don't wait that long if your insurance doesn't pay.
Answer Applies to: Florida
Replied: 10/21/2013
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
The statute of limitations for an auto case in NY is three years, regardless of what court the suit is brought in and whether or not you have a lawyer. Just as your medical expenses have been paid by no-fault, so too have 80% of your lost wages. You can only bring a lawsuit if you have a "serious injury". While thousands of pages have been written about what constitutes a "serious injury", the short version is: death, miscarriage, broken bones, total disability of more than 90 days or permanent partial disability, all of which must be proven by objective medical evidence. If you are thinking about small claims court, you probably don't meet that threshold.
Answer Applies to: New York
Replied: 10/21/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    The statute of limitations is the same, whether you hire an attorney or you pursue on your own, generally 3 years on an auto accident claim. But, your insurance policy may require much earlier notice to your insurance company, if you're going to have access to your benefits in the matter (for example, uninsured or underinsured motorist coverage). Basically, do not delay. As to the various courts, small claims only allows very small dollar amount recoveries, so you're much better off in regular district or even circuit court. Of course, you would have to blackboard damages allowing this, which is uniquely within a skilled attorney's province. Also, prospective defendants notoriously lowball unrepresented plaintiffs, so an attorney will do much more for your recovery amount than you can do for yourself. You may well have a good claim, beyond what you'd get in small claims on your own.
    Answer Applies to: Michigan
    Replied: 10/21/2013
    Durham Jones & Pinegar | Erven Nelson
    In Nevada, the statute of limitations would require you to file a lawsuit no later than two years from the date of the injury, whether you use a lawyer or file the suit yourself. Small claims court probably is too small for the amount of damages you will have, so plan to file in district court if in Nevada. In settlement or in the lawsuit, you should receive compensation for your medical bills, lost wages, any lingering disability and pain and suffering. Wait until you have recovered to settle, but don?t miss the two-year deadline. Let me know if you need a referral.
    Answer Applies to: Nevada
    Replied: 10/18/2013
    Hobbs Law Group
    Hobbs Law Group | Kristin E. Hobbs
    In California it is two years from the date of the injury unless a public entity is involved, then it is 6 months Your best bet in making sure your receive all the compensation you deserve is to retain a personal injury attorney to represent you. They will be able to claim your past and future medical bills, past and future lost earning, lost earning capacity (this is separate from simple future lost earnings), past and future pain and suffering, etc. The insurance company will have an attorney so you should also.
    Answer Applies to: California
    Replied: 10/18/2013
    Ellis & Abouelsood | John Danelon
    The statute of limitations for personal injury in California is not based on which forum or method you choose to use, and is 2 years from date of accident, under Cal Civ Pro Code 335.1. You may be able to recover for lost wages and other expenses, but in that case, your claim may become too large for small claims court.
    Answer Applies to: California
    Replied: 10/18/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You have 2 years from the date of the accident to sue in Alabama whether you have a lawyer or not and no matter what court you file in. Lost wages and overtime are recoverable.
    Answer Applies to: Alabama
    Replied: 10/18/2013
    Belushin Law Firm, P.C.
    Belushin Law Firm, P.C. | Vel Belushin
    The basic statute of limitations on a personal injury case is 3 years.
    Answer Applies to: New York
    Replied: 10/18/2013
    CoverLaw
    CoverLaw | Jim Cover
    2 years. From the sound of your injuries, small claims would not be appropriate.
    Answer Applies to: California
    Replied: 10/18/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    The statute of limitations is the same if you have an attorney or file in small claims court. The statute of limitations for a personal injury claim based upon the negligence of another is two years from the date of the incident. A lawsuit MUST be filed by the 2 year anniversary or the claim will be barred. If the claim is for property damage, only, the statute of limitations is three years from the date of the accident. If you have a claim for both property damage and personal injuries, they are usually brought together in the same action. Use the shortest time limit. If the responsible party is a government employee or agent the claim is shorter. A formal claim must be filed against the government entity within 6 months of the date of the incident. There are many requirements if a government entity is involved. Seek counsel from an attorney before proceeding.
    Answer Applies to: California
    Replied: 10/18/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    The statute of limitations in a personal injury action is two years from the date of injury. This is true whether you file in small claims court, or regular District Court. Damages recoverable in a personal injury lawsuit include lost wages, medical bills, loss of quality of life, pain and suffering, disability, and loss of future earning capacity. You should probably get some case-specific advice from an experienced personal injury lawyer, as it does not sound like your case is a small claims case. If your case is likely to be over $10,000 in value, you should file in District Court.
    Answer Applies to: Iowa
    Replied: 10/18/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    The statute of limitations varies from state to state. In Mississippi, for a car wreck case, the statute of limitations is three years from the date of the accident. From what you've posted, I think you need an attorney licensed in your jurisdiction. It sounds like your damages may well exceed the limit available in small claims court.
    Answer Applies to: Mississippi
    Replied: 10/18/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    2 and a half months out of work? Have you got a doctor who will testify that you medically needed to be out for that time?the statute is 3 years, whatever you do or don't do. if your doctor backs you up you might have a good claim. get you a good lawyer and take his advice.
    Answer Applies to: North Carolina
    Replied: 10/18/2013
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Unless you are psychic, I doubt your accident occurred on 10/29/2013. The statute of limitations for an auto accident injury claim is two (2) years, regardless of what court you file in or whether you have an attorney.
    Answer Applies to: California
    Replied: 10/18/2013
    Criminal Defense & Civil Litigation, LLC | Michael C. Witt
    The statute of limitations is not affected by whether the case is filed in large claims or small claims court, although why you would even consider filing a case involving such serious consequences in small claims without the assistance of a lawyer is beyond me. In WI you have three years from the date of incident to file a negligence action, and you can recover lost wages as well as any other special damages, plus an award for your pain and suffering. Your insurer also has a right to recover monies they paid on your behalf, and will likely be a necessary party.
    Answer Applies to: Wisconsin
    Replied: 10/18/2013
    Padove Law | Burton A. Padove
    Your injuries are far too significant to handle this case without an attorney and you should not pursue this in a small claims court. Look over your medical insurance policy and you will find a clause that requires you to pay back the insurer's medical expenditures from any proceeds of a settlement or judgment received by a third party ( the other driver). Based on your submission, it is clear that just the expenditures of the Insurer exceed the $6000 limit on small claims cases. An injury victim's lawyer can recover medical expenses ( even if paid by your insurer), negotiate a discount on the monies to be paid back to the medical insurer, future medical expenses reasonably certain to happen in the future, lost wages, past and reasonably certain to be received in the future, disability, disfigurement and pain and suffering. There is a two year statute of limitations on injury cases as a general rule, whether filed in small claims or not.
    Answer Applies to: Indiana
    Replied: 10/18/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    In New York State the statute of limitations is 3 years from the date of accident regardless in which court you proceed. Your lost wages should be submitted to your no fault carrier and you can sue for your pain and suffering.
    Answer Applies to: New York
    Replied: 10/18/2013
    The Lariscy Law Firm, PC
    The Lariscy Law Firm, PC | Joseph E. Lariscy, III
    Why would you go to small claims court when you can attempt to be compensated through the person's insurance that hit you? You are trying to handle something that you don't know how to handle, and you need legal assistance. I would assume that since 10/29/2013 has not occurred that you meant 10/29/2012, and you have two years from the date of the collision to make a decision on what you would like to do.
    Answer Applies to: Georgia
    Replied: 10/18/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    2 years. This is NOT a small claims case. You have a serious claim for lost wages and back pain.
    Answer Applies to: Illinois
    Replied: 10/18/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Small claims court? Don't be a fool. Get a lawyer and do it right, or just don't do it at all. The Statute of Limitations for negligence is 3 years in Michigan.
    Answer Applies to: Michigan
    Replied: 10/18/2013
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    The state of limitations for filing a lawsuit for personal injuries in California is 2 years from the date of the injury.
    Answer Applies to: California
    Replied: 10/18/2013
    Geneva Yourse | Geneva Yourse
    Lost wages is an allowable damage. It may be difficult to show overtime, but if enough evidence is present, overtime may be allowed.
    Answer Applies to: North Carolina
    Replied: 10/18/2013
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