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

Asked over 1 year ago - 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)

  1. Stewart C Crawford Jr.

    Contributor Level 16

    10

    Lawyers agree

    Answered . 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,... more
  2. Mark E. Milsop

    Contributor Level 11

    9

    Lawyers agree

    1

    Answered . 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... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    8

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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.... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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
  5. Andrew W. Norfleet

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . 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.

  6. Kevin Coluccio

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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.

  7. Lauren E. Ruff

    Contributor Level 4

    8

    Lawyers agree

    Answered . 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.

  8. George Costas Andriotis

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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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