If I was injured in a bus accident due to a drunk driver running into my school bus 15 years ago, can I still sue?

UPDATED: Nov 19, 2014

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If I was injured in a bus accident due to a drunk driver running into my school bus 15 years ago, can I still sue?

I pursued legal representation which went no where. At the time of the accident I saw many doctors and was simply diagnosed with whiplash and a lumbar sprain. The only tests conducted by the doctors was X-rays and CT scans which returned normal. Now to date, I am here to find out that after years of severe back and neck pain, a doctor finally ordered an MRI of my neck. I have no other injuries to my back or neck and have found out that I do have disc bulging and mild bilateral foraminal narrowing at CC5-6 and minimal bulging and osteophytes towards the left foramen at C6-7 causing left foraminal narrowing. What are my legal grounds?

Asked on November 19, 2014 under Personal Injury, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, it is far too late to sue. The statute of limitations, or time period within which you must sue, is only 2 years for personal injury (like car accident) cases. While you can sometimes extend that time if the injury was undiscoverable until some later date, that's not the case from what you write: the injury would have been discovered if you'd had more tests/scans (like an MRI) done earlier. If you had "years of severe back and neck pain," you should have had an MRI done much earlier. By not acting for years after you would be considered to have had reason to investigate, you have waited too long and exceeded time within which you would have had to have filed a lawsuit.

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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