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Can i still sue and receive money if i was a passenger in a head on auto accident that was in 2008?

Manteca, CA |

i was injured and taken to hospital in jackson, ca. was released and had gone to san joaquin county hospital and sat in the waiting room for over 8 hours and never seen. i found out on the accident report that i did have my seat belt on, i wasnt sure because i was asleep during the crash, but it explains the bruise across my chest. i have pictures from that day that show my stitchings and the iodine that was put on my wounds. im not sure who i can or who to sue if i still can at all. the driver of my vehicle wasnt the owner and im not sure about the insurance. i think the driver was also at fault?

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Attorney answers 8

Posted

How old were you at the time? Did you ever receive treatment? Highly unlikely.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Posted

There are some exceptions to the statute of limitations but most likely claim is time barred. Check with a local personal injury attorney to confirm.

Posted

Unless you were a minor at the time or the defendant(s) went out of state for most of the last five years, your claim, assuming you had one, is long gone. You can talk to a local personal injury lawyer and discuss all the facts but you don't describe having very serious injuries, so I doubt you will have much success.

Posted

As noted by the other responses, there may be a statute of limitations problem, but there are some limited exceptions that you can explore. The question that's begged is why have you waited so long to look into whether or not you have recourse? At any rate, it can't hurt to consult with an attorney. Personal injury attorneys usually give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area... Best of luck to you...

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Posted

The statute of limitations has possibly lapsed. You should immediately contact an attorney to review the specific facts of your situation to see if you fall under some of the tolling exceptions, ie, minor, incapacity, incarcerated, defendant out of state, etc..

Posted

6th time you have asked this question

Posted

Probably way too late.

Posted

The Statute of Limitations for personal injury claims in California mentioned by some of my colleagues is only two years unless you fall within the few exceptions to that rule. Best of luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.