I was compensated for the damage to my car, but never received any medical treatment. The passenger and I were both sore the next day but figured that was normal. Recently we had both visited a chiropractor and he feels that without a doubt our back issues resulted from the accident. Do I still have the ability to file a bodily injury claim?
Did you sign a release for your personal injury claim? That would be important to know.
You have a claim, but if your first treatment was recent, it would be a very weak one.
In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.
State, Local, and Municipal Law Attorney
It depends. Not if you signed a full release when you settled the damages to your car. Take whatever release form you signed and any other documents related to your claim and contact with the insurance company that you have to a local attorney for review to see what, if any recourse you may still have... Use the Find a Lawyer tab on Avvo to look for attorneys in your are to consult with. Best of luck to you...
THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
You may have suffered injuries from the crash, but never having sought treatment for two and a half years will be a strong impediment against making any sort of personal injury recovery. Having handled hundreds of auto crash cases, this one is not set up for an easy recovery. Nonetheless, you should consult with an attorney. The statute of limitations in such cases is usually three years from the date it happened, but that can vary based on the facts involved. Good Luck.
DISCLAIMER: This does not constitute legal advice. By providing the requested information you are not entering into an attorney-client relationship with this law firm. Only a written retainer agreement between you and our law firm can create such a relationship. We are only licensed to practice in NH and Massachusetts.
Personal Injury Lawyer
If you did not execute a full and final settlement and release of all claims form, you mat still be able to file a personal injury claim. However, if you waited over 2 years to receive any medical treatment, the insurance company would likely deny your claims as being unrelated to the accident. There are numerous intervening factors that can occur over a 2 year period. The fact that your chiropractor has told you that your back issues were caused by the car accident is not convincing by itself. You should contact a local personal injury lawyer to discuss.