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I was in an accident in August 2009, can I sue now?

State College, PA |

I was in an accident , and at the time I tried to sue but the lawyers said I couldn't because I wasn't severely injured . I have fibromyalgia and it has been so much worse since the accident and from what I was told it could be due to the trauma of the accident . I am no longer able to work , do any house work , I can barely play with my kids . I need help for almost everything and it sucks , I can't take it anymore . What I want is a cure , but until then some money to help with rent , bills , and my kids would be nice .

Attorney Answers 8

Posted

Wow -- my guess is that you are out of time. You must, however, check with an attorney that works in the field of personal injury litigation TOMORROW to see if you still have any rights to pursue a claim.

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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There is a 2 -year statute of limitations. I would suggest that you make the effort to contact an attorney to see if there is anything that can be done. It is not likely, but, most attorneys provide for a free consultation.

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Posted

As noted by attorney Coluccio, Pennsylvania has a two year statute of limitations meaning that you must file your lawsuit within two years after the accident. From the sound of it, your suit might be further barred by the limited tort election of your automobile insurance policy. Essentially, with the Limited Tort election, you give up the right to receive compensation for pain and suffering if you are injured in a car accident unless the injuries were serious.

Stew Crawford Jr., Esq.

Crawford Law Firm
A Full Service Law Firm Serving Pennsylvania & New Jersey

223 North Monroe Street
Media, Pa 19063 (Philadelphia Area)
877-992-6311
www.crawfordlaw.org

Email: injury@subrolaw.us

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

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Sounds like some bad advice. 2 year statute in PA. Not sure who these lawyers were you spoke with??

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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The is a two year Statute of Limitations in PA so no.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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If you had limited tort, there is some case law that suggests that the statute of limitations does not start to run until your injury reaches the serious injury threshold. See Walls v. Scheckler, 700 A.2d 532 (Pa. Super. Ct. 1997). On this basis, my answer differs from the others. However, this is somewhat of an uphill battle. If you plan to pursue this, contact an attorney without delay.

This answer contains general information only; and it is not intended as legal advice. It is not intended to and does not create an attorney client relationship. Information contained here is only a starting point and you should consider discussing your specific problem in depth with a licensed attorney.

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In the majority of jurisdictions, you have exceeded the time limit (statute of limitations) in which to sue. You should check the laws of the state where the accident occurred. Also, you will have an extremely difficult time proving that the accident was the legal and proximate cause of your current condition. You may wish to speak to an attorney who specializes in Social Security Disability. Also, speak to your physician about SSD.

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Mark E. Milsop

Mark E. Milsop

Posted

I have noted that I agree, because I agree that SSD is something you should consider. There are attorneys in my office who may be able to help. They travel to central Pennsylvania on a regular basis to handle social security cases. An initial consultation is free. I have previously posted my thoughts on the statute of limitations issue.

Asker

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Thank you both

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Based on the summary of your medical condition, you may want to consider talking with an attorney about claim for Social Security Disability.

I hope this was helpful and wish you well.

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Thank you

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