Legal Question in Personal Injury in Pennsylvania
auto accident 6 yrs ago
i was in an auto accident 1/1/99. i was 14 at the time. i was never checked by the ambulance after it but 1-2 months later started experiencing severe headaches and back/neck pain. it was diagnosed as whiplash but i had healed that way and was told that it could never be fixed. it is now 5yrs later and my problems are getting worse. i am only 19 and i was wondering if it is still possible for me to sue for medical bills and pain and suffering. i have been seeing doctors throughout the entire 5 year period.
2 Answers from Attorneys
Re: auto accident 6 yrs ago
Because you were a minor at the time of the accident, the statute of limitations doesn't expire until your 20th birthday. Clearly, youi can recover your medical bills, so long as your docotor says they're related to your accident. As for pain and suffering, it generally depends whether or notyour parents had "limited tort" coverage at the time of the acccident. If so, unless the defendant was from out of state, or was convicted or pleaded guilty to DUI, you cannot get damages for pain and suffering unless you had a "serious injury". On the other hand, if your parents had "full tort" coverage, you can sue for pain and suffering. Any other questions, please email me or call 610-644-8300.
Re: auto accident 6 yrs ago
The prior reply you received is correct. You have 2 yrs from your 18th birthday to file a formal lawsuit with the court. Check your parents' auto insurance policy in effect at the time of the accident for either "full tort" or "limited tort." You need to contact an experienced personal injury lawyer ASAP. My firm handles these types of cases. Please contact me if you would like to discuss your claim. There is no fee charged until we recover money for you.
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