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Is there a statue of limitation on personal injuries from an auto accident?

Detroit, MI |

I was in a serious auto accident in 1996 and thought that I came out with no injuries but found out about two years ago around 2007, I had some internal injuries to both my knees. How I have serious knee problems at the age of 36. Is there a statue of limitation on personal injuries from an auto accident?

Attorney Answers 3


Statute of limitations or no statute of limitations, the first thing you should do is seek a lawyer. Personal injury is usually done under a contingency fee (meaning you pay attorney fees only when your lawyer gets money for you) and consultation is almost always free. The lawyer will analyze your situation and determine if he wants to run your case. You just sit back, answer questions, and be as helpful as you can.

Generally speaking torts based on negligence have a 3 year statute of limitation from the time of the accident, though sometimes it can be from time of discovery of injury depending on the situation. Even so, the statute of limitation defense is a defense - meaning if your opponent doesn't raise it, it doesn't apply. Depending on your adversary, that may or may not happen. Sometimes in the practice of law, after a summons and complaint has been served and there's no answer for a period of time (meaning the insurance company or defendant dropped the ball), they would call the Plaintiff for time to extend the time to answer. Personally, if I give them that, I ask for them to waive jurisdictional defenses in return. This is by no means the usual way things happen (several screw up on my adversary's part must first occur), but it's a possibility.

Start calling lawyers in your area and see if anyone will take your case. You've got nothing to lose. Sorry for your pain. Good luck.

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In Michigan, you must file your negligence lawsuit against the wrongdoer within three (3) years of the accident, or your claim will be forever barred. However, if you were a minor on the date of the accident, then you have until your nineteenth (19th) birthday or three (3) years from the date of the accident, whichever is longer.

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Yes. You should contact a personal injury attorney in the state where this incident occurred and see if there is any way you could still make a claim.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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