filing to extend statue of limitation on car accident

What are the options to get more negotiating time without going to court? In 21
days the statute of limitation 5 yrs for a car accident will occur. Can a civil
suit be filed, even if all the evidence hasn’t been collected? Can a civil suit
be filed without a lawyer, so I can find a good one?


Asked on April 8, 2016 under Accident Law, Missouri


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The property damage is separate from the personal injury claim.  Since the personal injury claim has not been settled, you must file the lawsuit for negligence against the at-fault party prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  The lawsuit must be filed even though you haven't collected all of the evidence.  The lawsuit can be filed without an attorney, but it would be advisable to immediately retain a personal injury attorney.
Once the statute of limitations expires, the at-fault party's insurance company will be off the hook and won't compensate you in the case which is why you must file the lawsuit immediately.

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