If I was in an auto accident about 40 months ago, is it too late for me to sue the at-fault driver?

UPDATED: Jan 26, 2015

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If I was in an auto accident about 40 months ago, is it too late for me to sue the at-fault driver?

I was injured and taken via ambulance to the hospital. I had X-rays and was discharged. About 1 1/2 years ago I started suffering from lower back and hip pain. don’t know if the accident caused this or not.

Asked on January 26, 2015 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It appears that you still have time--but not a lot. The statute of limitations for personal injury (and, for that matter, for damage to your property, such as your car) in your state is 4 years, or 48 months. If the accident was 40 months ago, you should still have time to sue, but should not waste time--you should consult with a personal injury attorney (many provide free initial consultations: you can check on this before making the appointment) as soon as possible.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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