How much time do I have before I can file a personal injury case?

For instance, I suffered from a bad fall in a resort and had to go through therapy for half a year and can only file after therapy. What is the statute of limitation?

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Answered By: Harvath Law Offices

Call now: (314) 471-5585

The statute of limitations, generally speaking, on personal injury cases, excluding medical malpractice, is 5 years in the state of Missouri. However, there are numerous exceptions, and also notice requirements for certain types of injury claims. It is critical that proper legal notice be given to the liable party or parties, usually by an attorney. Timing is a very important aspect of handling a personal injury claim, and waiting too long or not waiting long enough can significantly change the outcome of the claim, and the amount of compensation you will receive. In order to determine whether an exception applies, whether proper legal notice must be promptly given, and whether it is professionally advisable to continue waiting before settling or filing a case, more detail would be needed, because each case is highly unique and the exact facts are very important.

Answer Applies to: Missouri - Replied: 3/22/2012

Answered By: Paul Whitfield and Associates P.A.

Call now: (704) 372-8322

You still have 3 years.

Answer Applies to: North Carolina - Replied: 4/16/2012

Answered By: Lacy Fields, Attorney at Law, LLC

Call now: (314) 862-7277

Typically 5 years in Missouri. However, you might have to file the case in the state where you fell (if the resort was not in Missouri).

Answer Applies to: Missouri - Replied: 4/4/2012

Answered By: Dwyer, Black & Lyle, LLP

Call now: (716) 373-1920

In NY for a slip and fall it's generally 3 years from the date of the fall. Good luck.

Answer Applies to: New York - Replied: 4/4/2012

Answered By: Law Office of Mark J. Leonardo

Call now: (310) 456-7373

In California most personal injury actions have a statute of limitations of two years. By the way, you do NOT have to wait until you are done treating in order to file suit.

Answer Applies to: California - Replied: 3/29/2012

Answered By: Law Office of Jared Altman

Call now: (914) 737-0200

Usually three years.

Answer Applies to: New York - Replied: 3/24/2012

Answered By: Lombardi Law Firm

Call now: (515) 222-1110

If this is Iowa and if you're talking about personal injury you will have two years from the date of the accident. And that assumes you are an adult.

Answer Applies to: Iowa - Replied: 3/24/2012

Answered By: The Lucky Law Firm, PLC

Call now: (225) 387-5656

In Louisiana, you have one year from the date of the accident. In Mississippi, you have 3 years. If the accident occurred outside of those two states, please consult an attorney from that state.

Answer Applies to: Louisiana - Replied: 3/23/2012

Answered By: Broad Law Firm, LLC

Call now: (317) 566-2134

The statute of limitations is generally 2 years (like in Indiana), although it can vary from state to state. You should consult a personal injury in your area to be certain.

Answer Applies to: Indiana - Replied: 3/23/2012

Answered By: Lapin Law Offices

Call now: (402) 421-8033

Generally, the statute of limitations for a fall in Nebraska against a private company or person (not a government, government employee or a political subdivision) is four years from the date of the fall. If the State of Nebraska, a city, county or a political subdivision is involved, the time is shorter and there are other requirements before you can file a lawsuit. You should contact a personal injury attorney as soon as possible to more fully discuss your case. Most personal injury attorneys offer a free initial consultation so it should not cost you anything to talk to an attorney and determine what the statute of limitation for your case actually is and whether there are any other requirements.

Answer Applies to: Nebraska - Replied: 3/23/2012

Answered By: Atterbury, Kammer & Haag

Call now: (608) 821-4600

The general statute of limitations for personal injury cases in Wisconsin is 3 years.

Answer Applies to: Wisconsin - Replied: 3/23/2012

Answered By: Goodman & Goodman PA

Call now: (410) 685-3432

Statute of Limitations in Maryland for a tort claim is 3 years from the date of the accident.

Answer Applies to: Maryland - Replied: 3/23/2012

Answered By: Law Office of Melvin Franke

Call now: (636) 271-5300

It depends upon the State. Missouri is normally five years and Illinois is normally two years; but your case may be different so you need to hire and attorney.

Answer Applies to: Missouri - Replied: 3/23/2012

Answered By: Law Offices of David W. Hibbert

Call now: (770) 414-8055

The jurisdicition wherein the claim will be made will determine the "Statute of Limitations" applicable to your claim. Most states have a two year limitation, however, some have a one year limit for claims. You do not have to wait until you have finished treatment to get help and make a claim. Do so now. If the resort was outside the Unites States, then other factors will be involved. Do not delay getting advice from a competent trial attorney.

Answer Applies to: Georgia - Replied: 3/23/2012

Answered By: Law Offices of Tom Patton

Call now: (503) 546-3357

It depends upon the jurisdiction, as well as the cause of action. For an injury claim in Oregon, the statue is two years under most circumstances. In Washington, it is three. Contact a personal injury attorney to discuss the facts of your case to determine the length of the statute.

Answer Applies to: Oregon - Replied: 3/23/2012

Answered By: Parks Law Group

Call now: (251) 441-9188

Typically, you have 2 years from the date of injury if you are filing a negligence claim in Alabama. Time can vary depending on the jurisdiction and the specific claims you make. An attorney can review your specific facts and provide the appropriate guidance.

Answer Applies to: Alabama - Replied: 3/23/2012

Answered By: Gilbert & Bourke, LLP

Call now: (760) 327-1285

In California you have two (2) years to file a complaint for personal injuries.

Answer Applies to: California - Replied: 3/23/2012

Answered By: Law Office of Gregory Crain

Call now: (501) 332-4300

You have up to 3 years to file.

Answer Applies to: Arkansas - Replied: 3/23/2012

Answered By: Ford, Howard & Cornett, P.C.

Call now: (256) 546-5432

First, there is no prohibition on filing your lawsuit before completing therapy. With that said, the statute of limitations for a negligence personal injury claim in Alabama is two years.

Answer Applies to: Alabama - Replied: 3/23/2012

Answered By: Hynum Law Office, LLC

Call now: (601) 583-2608

The general statute of limitations for a personal injury in Mississippi is 3 years from the date the injury occurred. However, if the Defendant is a governmental entity, the 1 year statute of limitations of the Mississippi Tort Claims Act would apply. You do not have to wait until your medical or therapy treatment is finished before you file suit. The time limit runs from the date of injury, *_not_* from the date you finish your therapy or medical treatment.

Answer Applies to: Mississippi - Replied: 3/23/2012

Answered By: David Francis Law

Call now: (702) 255-0700

The statue of limitations for personal injury cases in Nevada is two years. You can file a personal injury claim as soon after the accident as you are capable. You do not have to wait until after therapy to file the claim. Your best bet is to call an attorney today.

Answer Applies to: Nevada - Replied: 3/23/2012

Answered By: Dungan, Lady, Kirkpatrick & Dungan PLLC

Call now: (517) 783-3500

In Michigan, the statute of limitations for filing a premises liability or slip and fall claim is 3 years from the date of the incident. If your incident occurred in a different state, that state's limitations will apply, whatever they happen to be.

Answer Applies to: Michigan - Replied: 3/23/2012

Answered By: Howes & Anderson, P.C.

Call now: (515) 225-9000

Usually two years unless a minor is involved.

Answer Applies to: Iowa - Replied: 3/23/2012

Answered By: Bulman Law Associates PLLC Injury Law Firm

Call now: (406) 721-7744

In Montana, the statute of limitations for personal injuries is three years. Every state is different. The state where the resort is located would control the applicable statute of limitation. The longer you wait, the more likely your proof of the resort's carelessness will be destroyed or otherwise unavailable.

Answer Applies to: Montana - Replied: 3/23/2012

Answered By: Blackburn Law, PC

Call now: (208) 898-9442

In Idaho, 2 years, assuming the resort is under private ownership. If there is any government control/ownership of the resort, you may have to file a tort claim within 180 days of your injury.

Answer Applies to: Idaho - Replied: 3/23/2012

Answered By: Law Office of Patrick E. Donovan, PLLC

Call now: (603) 893-1177

In NH, the statute of limitations is 3 years for tort claims, but the statute in the state where you suffered the injury will control.

Answer Applies to: New Hampshire - Replied: 3/23/2012

Answered By: Joel H. Schwartz, P.C.

Call now: (617) 742-1170

If the fall happened in Massachusetts, the statute of limitations would be 3 years from the date of your fall. You would have to file a lawsuit by that time, or your claim is forever barred. If you are within that time frame, you should contact an experienced personal injury attorney in your area immediately for a free consultation. It would need to be determined whether your fall was caused by the negligence or wrongdoing of the resort. Falling on resort property does not automatically entitle you to make a claim.

Answer Applies to: Massachusetts - Replied: 3/23/2012

Answered By: DEAN T. JENNINGS, P.C.

Call now: (712) 256-1400

Each state is different. 2 Years in Iowa from date of injury.

Answer Applies to: Iowa - Replied: 3/23/2012

Answered By: Bernard Huff, Attorney/Mediator

Call now: (317) 542-8540

In Indiana the statute of limitation for personal injuriy cases is two years. You should consult with a plaintiff's personal injury lawyer immediately to assure that the time does not elapse for you to timely file a lawsuit.

Answer Applies to: Indiana - Replied: 3/23/2012

Answered By: Dunnings Law Firm

Call now: (517) 487-8222

3 years from the date of the injury in Michigan.

Answer Applies to: Michigan - Replied: 3/23/2012

Answered By: Steven Harrell, Attorney at Law

Call now: (478) 987-7065

In Georgia, the statute of limitation is two years.

Answer Applies to: Georgia - Replied: 3/23/2012

Answered By: Andrew T. Velonis, P.C.

Call now: (315) 579-3108

In New York, the statute of limitations is three years. I don't know why you feel you "can only file after therapy".

Answer Applies to: New York - Replied: 3/23/2012

Answered By: Kelaher Law Offices, P.A.

Call now: (407) 841-7698

The statute of limitations in Florida for general negligence (which is what a slip & fall is) is 4 years from the date of the accident, so you have plenty of time.

Answer Applies to: Florida - Replied: 3/23/2012

Answered By: Law Office of Sam Levine, LLC

Call now: (404) 303-8875

The statute of limitations in Georgia for a personal injury from a slip & fall is two (2) years.

Answer Applies to: Georgia - Replied: 3/23/2012

Answered By: Tenge Law Firm, LLC

Call now: (303) 665-2929

2 years if your fall happened in Colorado.

Answer Applies to: Colorado - Replied: 3/23/2012

Answered By: Law Office of Michael E. Hendrickson

Call now: (703) 838-5577

Normally, two years from the date the injury was incurred.

Answer Applies to: Virginia - Replied: 3/22/2012

Answered By: R. D. Kelly Law Firm, P.L.L.C.

Call now: (206) 623-3702

Usually it is a good idea to make a claim and try to negotiate before filing suit. Your statement indicates a situation where the statute of limitations probably requires filing or forgetting about it within three years. RCW 4.16.080 (http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.080 )

Answer Applies to: Washington - Replied: 3/22/2012

Answered By: Beaver Holt Sternlicht and Courie, P.A.

Call now: (910) 323-4600

If the resort is in North Carolina, there is a three-year statute of limitations within which suit must be filed.

Answer Applies to: North Carolina - Replied: 3/22/2012

Answered By: Law Office of Ronald Arthur Lowry

Call now:

If the location where you fell is in GA the Statute of Limitations is 2 years but you need to act much quicker than that as the evidence trail will get cold.

Answer Applies to: Georgia - Replied: 3/22/2012

Answered By: Ezim Law Firm

Call now: (225) 929-7785

One year for the date of the accident or incident.

Answer Applies to: Louisiana - Replied: 3/22/2012

Answered By: Ferguson & Ferguson

Call now: (256) 534-3435

Alabama two years. All states are different.

Answer Applies to: Alabama - Replied: 3/22/2012

Answered By: The Law Office of Stephen R. Chesley, LLC

Call now: (718) 569-8738

If the accident occurred in New York State you have three years to bring a negligence claim. Other jurisdictions may vary.

Answer Applies to: New York - Replied: 3/22/2012

Answered By: Downriver Injury and Auto Law

Call now: (734) 307-3800

If the resort was in michigan you have 3 years.

Answer Applies to: Michigan - Replied: 3/22/2012

Answered By: David F. Stoddard

Call now: (864) 375-0000

In South Carolina it is three years, unless you sue the government or a charity, in which case it is two years. you are OK as long as you file within tha time frame. You do not have to complete the case within that time frame.

Answer Applies to: South Carolina - Replied: 3/22/2012

Answered By: Klisz Law Office, PLLC

Call now: (313) 402-0853

Three years, unless you were a minor.

Answer Applies to: Michigan - Replied: 3/22/2012

Answered By: J Wayne Turley BC

Call now: (480) 246-6505

There are some exceptions, but generally you have two years from the date of the fall in which to file a negligence claim in court against the person or entity responsible for causing your fall. If the claim is against a governmental entity, a Notice of Claim, which complies with the statutory requirements, must be served on the governmental entity within 180 days of the fall, and the claim must then be filed in court within one year. You do not have to be done with treatment in order to file your claim in court.

Answer Applies to: Arizona - Replied: 3/22/2012

Answered By: Chalat Hatten & Koupal PC

Call now: (303) 861-1042

Most negligence claims in Colorado, including premise liability claims, provide for a two year period in which to file suit so you may still be within the period during which to file.

Answer Applies to: Colorado - Replied: 3/22/2012

Answered By: Adler Law Group, LLC

Call now: (860) 282-8686

In most such cases its two years from the accident.

Answer Applies to: Connecticut - Replied: 3/22/2012

Answered By: Dogan & Wilkinson, PLLC

Call now: (601) 351-3200

Generally, 3 years

Answer Applies to: Mississippi - Replied: 3/22/2012

Answered By: The Smalley Law Firm, LLC

Call now: (913) 601-3549

It is 2 years in Kansas.

Answer Applies to: Kansas - Replied: 3/22/2012

Answered By: Oliver Law Office

Call now: (614) 220-9100

The statute of limitations in Ohio for negligence is two years from the date of the injury.

Answer Applies to: Ohio - Replied: 3/22/2012

Answered By: The Law Offices of Barry Regar

Call now: (760) 837-3555

Personal injury Statute of Limitations is two years from the date of the fall under California law.

Answer Applies to: California - Replied: 3/22/2012

Answered By: Paris Blank LLP

Call now: (804) 355-0691

Assuming you are older than 18, you have 2 years from date of injury to file suit.

Answer Applies to: Virginia - Replied: 3/22/2012

Answered By: Law Office of Ronald G. Draper

Call now: (312) 360-9411

If the resort is in the USA you have two years. If it is outside of the USA you should contact a lawyer in that country.

Answer Applies to: Illinois - Replied: 3/22/2012

Answered By: The Law Office of Harry E. Hudson, Jr.

Call now: (209) 463-9715

I do not know why you think you necessarily have to wait. There may be advantages and disadvantages to waiting. The time limit is what date you have to file before. If injury was 1/1/2012, you have until 11/31/13 to file and 3 years thereafter to serve.

Answer Applies to: California - Replied: 3/22/2012

Answered By: Rags Beals Seigler Patterson & Gray

Call now: (706) 216-1272

Georgia had a 2 year statute of limitation for personal injury claims. The period may be extended for minors and periods of disability. There are many factors that affect the actual length - for example, some claims against a city require notice to the city to preserve the claim in the first place.

Answer Applies to: Georgia - Replied: 3/22/2012

Answered By: Garruto & Calabria, LLC

Call now: (973) 661-4455

The statute of limitations varies from jurisdiction to jurisdiction; contact a local lawyer.

Answer Applies to: New Jersey - Replied: 3/22/2012

Answered By: Magnuson Lowell P.S.

Call now: (425) 242-4021

In Washington - under almost all circumstances, an injury claim must be filed within 3 years of the incident.

Answer Applies to: Washington - Replied: 3/22/2012

Answered By: Law Office of Christopher F. Earley

Call now: (617) 338-7400

Depends on what state it occurred. In MA you have three years.

Answer Applies to: Massachusetts - Replied: 3/22/2012

Answered By: Andersen Staab PLLC

Call now: (509) 327-6100

In Washington state, assuming that no federal claim is involved, and that you are over the age of 18, you have three years to file suit.

Answer Applies to: Washington - Replied: 3/22/2012

Answered By: Stephen D. Hebert, LLC

Call now: (504) 528-9500

One year from the date of the injury.

Answer Applies to: Louisiana - Replied: 3/22/2012

Answered By: Bruce Plesser

Call now: (727) 421-9784

You have four year statute of limitations from date of accident.

Answer Applies to: Florida - Replied: 3/22/2012

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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