How can I get my injury money 2 years after the accident?

by Marie
(Sierra Vista, AZ, USA)

I was in an automobile accident on 29 Nov 2010. I was broadsided and ended up in the ER where they left me on a board and neck brace. I had a head concussion, my neck showed c5 and c6 vertebrae out of alignment and were pushing the nerve out, my left leg was bruised, my back sprained, and I was in a lot of pain. I was sent home and advised the pain would get worse as my muscles relaxed.

I saw my doctors and they all documented the automobile accident. I hired an attorney but he did nothing but send a letter stating he was representing me, then in May of this year I was contacted by his office. They wanted a list of my medication which I gave.

I know there is a 2 year time frame to resolve this. So is there any way I can extend that or anything in the law that can help over ride this two year time frame? What can I do to get the money I deserve for my injuries?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "How can I get my injury money 2 years after the accident?":

Marie (Sierra Vista, AZ, USA):

It is our policy at not to interfere with the attorney-client relationship. To answer your questions directly, you should contact your attorney.

Generally speaking, the only way a statute of limitations period can be extended, or "tolled", is by the filing of a lawsuit. Once a lawsuit is filed the statute of limitations becomes irrelevant. The exception would be if the lawsuit is dismissed subsequent to the statute of limitations expiring. If that were to occur the plaintiff would be barred from filing an additional lawsuit or pursuing a claim for the same injury.

In addition, an agreement between a victim and an at-fault party or his insurance company to continue negotiations despite the passing of the statute of limitations is not enforceable.

In the State of Arizona an automobile accident which occurred on November 29th, 2010 would have to have been either settled or a lawsuit filed by November 29th, 2012 to preserve a victim's rights to pursue his injury claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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