Skip to main content

Can I refile a claim if new evidence is introduced?

Duluth, GA |

My mom was injured in an auto accident. Her case was dismissed in 2008 but she just got on disability in March of this year. The extents of her injuries are her si joint is twisted and because no one has done anything and her insurance company didn't give her any of her uninsured money, her injuries are looking at $1 million in surgery. Her doctor said she is in critical condition and any wrong movement she can be paralyzed. She has been to 20+ doctors over the last 8 years for someone to do something and this year bc she is on medicaid they are willing to help. Her accident wasn't her fault and she was hit from behind which caused her to hit 2 cars in front of her. I know her case was dismissed but is their any thing I can do for her bc she will never be the same or able to live of ssi.

+ Read More

Attorney answers 5


There is a two year statute of limitations on filing a suit for personal injury. Once that suit is filed and ends, there is a 30 day period to appeal. We are obviously way past that, so the answer based on your post is no.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


You waited a little bit too long.


Too late now


Why and how was her case dismissed under those facts?


Time has expired, it is too late.