Can I reopen the case I have extremely shoulder pain after car accident?

Business 6 views 7 answers
Car accident was on July, 2010. Got herniated disc. Insurance doctor agreed that my pain was caused from accident. We didn't settle any thing and I got 0$, nothing from them but only medical bills were paid. I had been going to rehabilitation clinic for 10 months.

Attorney Answers

7
Mark Sucher ·
It is difficult to give you a complete answer as there was insufficient information provided in your question. In Michigan when someone is injured in a motor vehicle accident, there are two independent claims potentially. The first is for PIP (Personal injury protection benefits) for things such as medical, wage loss and other economic losses suffered due to the injuries from the accident. The second claim arising out of a motor vehicle accident, assuming that the no-fault tort threshold is met, would be a bodily injury claim for non-economic damages, such as pain and suffering. The applicable statute of limitations on a bodily injury claim in Michigan is three years from the accident date. I am assuming that you never made a bodily injury (BI) claim arising out of the 2010 auto accident, but perhaps only a PIP claim for your medical expenses. If you did make a BI claim, but did not resolve it, or file suit against the at-fault parties before the three year statute of limitations ran, you would be barred from any recovery by operation of the statute of limitations. Hope this helps.
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Jeffrey Adams ·
Absent fraud, for example, a case can not be re-opened once it has been settled or the statute of limitations has expired.
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Heather Lottmann ·
If the case isn't settled, I am unsure what you mean by reopen. Also, I don't know what the statute of limitations is in MI. That will be key. If it is only 2 or 3 years, you are beyond the SOL and your claim is barred. You should contact an experienced MI personal injury attorney for a free consultation.
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John L. SchroederArbitration LawyerGeneva, IL ·
The Michigan statute of limitations for personal injury is 3 years, so it sound like you are out of luck, but maybe you might want to review with a lawyer.
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William Stern ·
If you did not settle anything then the answer is you can pursue the case. However, the longer the time between the accident and treatment, the more difficult it is to link the treatment to the collision. See an injury lawyer.
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Scott Corwin ·
Given the conflicting circumstances, you may want to take a free consultation with a local car accident lawyer to review the facts of your case in greater detail to determine whether or not you indeed have a case. Best of luck.
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