How Long Do I Have After an Accident to File a Suit?
Catastrophic Injury,FAQ,Personal Injury,Train Accident,Work Injury,Workers' Compensation - March 28, 2024 by Horwitz, Horwitz & Associates
Question:
How long do I have after an accident to file a suit?
On July 29th 2004, while working as a conductor I was struck by a consist of three motors going in a reverse movement at Larime St. in Cicero, IL.
My injuries are substantial; broken scapula, three broken ribs, broken left leg, five staples in head, hole in lung, unconsciousness. I was diagnosed from University of Iowa Hospital with a spinal cord injury, Post Traumatic Stress Disorder, Panic Disorder, Anxiety disorder – Still under Doctors Care.
I’m not sure if I have a two year limit on filing a suit.
–J. Horan
On July 29th 2004, while working as a conductor I was struck by a consist of three motors going in a reverse movement at Larime St. in Cicero, IL.
My injuries are substantial; broken scapula, three broken ribs, broken left leg, five staples in head, hole in lung, unconsciousness. I was diagnosed from University of Iowa Hospital with a spinal cord injury, Post Traumatic Stress Disorder, Panic Disorder, Anxiety disorder – Still under Doctors Care.
I’m not sure if I have a two year limit on filing a suit.
–J. Horan
Answer:
Dear Mr. Horan:
Generally, in a personal injury case you have two years to file a lawsuit. However, here you probably have an FELA claim. Under the FELA there is a three years Statute of Limitations.
However, I would urge you to file it before the two year mark anyway just to make sure you are protected. Further, its important to investigate the potential of claims against entities other then your employer. Those claims would have a two year limit.
When you have the type of injuries you have you should file the lawsuit, period. The insurance company will never do you justice in the end. You will find that out.
In any FELA claim the question is whether your employer provided you with a safe place to work. If you would like to discuss this further, I’d be happy to call you or in the alternative fell free to call me to discuss this situation.
Generally, in a personal injury case you have two years to file a lawsuit. However, here you probably have an FELA claim. Under the FELA there is a three years Statute of Limitations.
However, I would urge you to file it before the two year mark anyway just to make sure you are protected. Further, its important to investigate the potential of claims against entities other then your employer. Those claims would have a two year limit.
When you have the type of injuries you have you should file the lawsuit, period. The insurance company will never do you justice in the end. You will find that out.
In any FELA claim the question is whether your employer provided you with a safe place to work. If you would like to discuss this further, I’d be happy to call you or in the alternative fell free to call me to discuss this situation.
