Flemington, NJ Personal Injury Law Firms & Lawyers

I will assume you were the bicyclist although the answer is the same if you were the car driver. The answer to how long you have to sue after an accident depends on (1) whether the person who hit you was working for the government or a political subdivision (such as a school district) at the time of the accident; and (2) your age. The length of time you have to either have a case resolved or have a lawsuit filed is called a "Statute of Limitations." Once the statute of limitations expires you lose, assuming that the defendant raises it as a defense, which occurs in almost all cases, Generally, for vehicle accidents in Nebraska involving private citizens you have four (4) years from the date of the accident to either have the case settled or to sue. If the driver was working for the government (federal, state, county, city or local) or a political subdivision (such as a public school) you must file a written claim (a "Tort Claim"), either within 1 or 2 years depending on who is involved, and have a limited amount of time after that to file suit. There are specific requirements for claims against the government, a political subdivision or any of their employees. As your question does not indicate that any of these are involved, I will not further discuss Tort Claims. If you are under the age of 20, you have until your 25th birthday to sue. However, if you were under the age of 19, your parent's claim for payment of your medical expenses (parents are responsible for the medical bills of their children) would be the same as if you were adult. The statute of limitations for your claim if you are under 19 items such as pain and suffering and other items, would be until your 25th birthday. There are other things that can shorten or extend the statute of limitations. As you do not indicate whether the car driver was a "private" citizen or working for a governmental entity nor list your age, I cannot state how long you have to sue. I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can find out the statute of limitations for your case and whether there might be other requirements that shorten the time you have to sue or make a claim.

Normally, when someone comes on your property without permission, or refuses to leave when asked to leave, it is trespassing and police will arrest the person. However, when the person has been residing there, the police often will not arrest the person, but require the owner to evict the person. I suppose the idea is that a person deserves some degree of due process before he/she is forcibly put out of his/her residence. An eviction is not difficult to do through a magistrate. Normally, if domestic violence occurs, if the police arrest the individual, a condition of bond is that he/she stay away from you and not come to your home. If the police do not charge him, you could seek an order of protection through Family Court or a Magistrate. If you do get an order of protection, you may still want to bring an eviction action so that there is no doubt that he has no right to be there even after the Order of Protection expires.

I cannot provide a definite answer to your question without reading your homeowners insurance policy. Each insurance company has it own basic insurance policy. In addition, insurance companies offer different "coverages," some of which are included in all policies and others that you have to request. Many policies would cover the man's injuries in the situation you describe. I would request a copy of the policy to read for yourself if you do not already have one. You should report the incident to the claims department of your insurance company if you have not already done so. The first thing the insurance company is likely to do is determine whether your policy covers the incident. One reason this may be an issue is that the incident did not occur on your property. If the incident is covered, your insurance company will handle the claim with the injured man and you would have little to no further involvement. If your insurance company denies coverage, you may want to consult with an attorney to determine whether there should be coverage. Insurance companies do not always get coverage decisions correct.