My father was involved in a car wreck almost a year ago and today was served papers. The police accident report faulted neither for the wreck and stated that neither party was hurt. The man involved never filed a claim with the insurance company for either the damage to his vehicle (which was just a minor scratch) or injuries sustained. Now he wants my dad to pay for damages, medical bills, lost wages, mental anguish, etc. He also wants a trial by jury for this. If anyone can give me some advice on this, I would greatly appreciate it and will supply additional information if needed. Thanks!
Answer:
Well, you have not given a location, so it's tough to answer in a vacuum. However, there is no state which has a statute of limitations of less than one year to file a lawsuit for anything, so the plaintiff is within the limitations period.
I don't like the plaintiff's chances, simply based on his failure to file with his insurance company. Tell your father to contact his own insurance company immediately (the one he was insured with at the time of the accident)! They are responsible for claims. If they refuse to defend him, then he can implead the insurance company into the case.
I'm not sure but I think if he didn't seek medical treatment within 6 months it's to late to claim for that. He will have to prove the mental anguish by having gone to a head doctor for a certain amount of time. I'd get a lawyer but I don't think the guy has a chance. What a jerk!
2 years or 3 years depending on the state.
i just googled this issue and here is what the article told me... I hope that it helps you.
But before you get bumbed out that this happend over a year ago---don't let that discourage you from pursuing this case... Lawyers will know more about t
he different injury laws and the statutes that apply to them. So read on and I hope that your father and you will find some solace in this answer.
Because the Statute of Limitations applies to personal injury cases, victims have a limited time frame in which to file their case. It is important that you consult an attorney if you believe you have a claim, so that you protect your right to file suit.
In Massachusetts, you must prove that you have been injured by another party鈥檚 careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of wrongful injury suits (torts) against defendants including:
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Negligence 鈥?an individual鈥檚 act or failure to act has caused injury. While the act may be unintentional, the defendant is still liable for damages.
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Strict liability - generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury.
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Intentional misconduct 鈥?is the malicious or intentional infliction of harm that results in an injury or death. This type of claim is litigated under criminal law and punishment can include prison.
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Comparative negligence 鈥?because the actions of the injured person may have contributed to their own harm, the negligence is divided between the injured party and the defendant and the damages are reduced accordingly.
Each of these suits has different guidelines, restrictions and damage award guidelines. Only an experienced lawyer who knows Massachusetts鈥?intricate personal injury laws, the court system and individual rights can effectively prove your physical and/or mental injury under state laws. Kantrovitz and Associates' attorneys will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.
Physical personal injury can include disfigurement, loss of limb, permanent or disfiguring scars, disability, and loss of one of the five senses. Mental harm might include emotional trauma, mental anguish, embarrassment, loss of love and affection, or loss of enjoyment. Whether your injuries were caused by an accident, malicious intent, or a defect in a product鈥檚 design, production or labeling, you have the right to seek compensation for economic and non-economic damages.
Call Kantrovitz %26 Associates today to have your personal injury situation evaluated and to preserve your rights under the law. We can be reached at (800) 387-2860 or contact us via email at info@kantrovitzlaw.com.
Good Luck
Joanne W.
You have 2 years to file a lawsuit seeking damges. I just went through the same thing, a car accident....you have 2 years. I am 100% positive on that. Good Luck
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