QUESTION

falling into a open well...

Asked on Jul 07th, 2011 on Personal Injury - Florida
More details to this question:
My son fell into a open well in 2007. I was told to wait 4 years to move forward so it shows the effects it has had through the years on him. I can not find a lawyer the 4 years is ending in a few weeks. The owner is a well known and owns alot of property and land and I need help ASAP.
Report Abuse

20 ANSWERS

Personal Injury including Litigation Attorney serving Wilmington, DE at Ramunno & Ramunno, P.A.
Update Your Profile
There are many issues that you need to discuss with a lawyer. You can call the Lawyer Referral service to find an lawyer.
Answered on Jul 11th, 2013 at 1:17 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
I do not know how old your son is, but the statute of limitations does not begin to run until he turns 18 (if the accident happened in South Carolina).
Answered on Jul 11th, 2013 at 1:13 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
How old is the son? What were his injuries? How obvious was the open well? Why did he fall?
Answered on Jul 04th, 2013 at 3:07 AM

Report Abuse
Gary Moore
I hope your son has not reached his 20th birthday because his claim is good two years beyond his becoming an adult at the age of 18.
Answered on Jul 04th, 2013 at 2:17 AM

Report Abuse
Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
Update Your Profile
Not sure what the 4 years is all about. How old is your son? that is the key question. The statute of limitations does not commence until he turns 18. I would have a bunch of questions about liability. Was your son invited to be on the property? Was he a guest or trespasser? was the open well marked?
Answered on Jul 04th, 2013 at 2:12 AM

Report Abuse
General Civil Trial Practice Attorney serving Beaverton, OR at Vincent J. Bernabei, LLC
Update Your Profile
4 years seems like an arbitrary time and probably has no legal significance. Still, you should consult with an attorney for more information.
Answered on Jul 04th, 2013 at 2:11 AM

Report Abuse
Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
Update Your Profile
In Louisiana, you generally have one year from the date of accident to pursue an injury claim against a person or entity at-fault. There are many questions that still exist, however, generally you only have one year to settle the claim or file suit.
Answered on Jul 13th, 2011 at 12:28 AM

Report Abuse
Automobile Accidents Attorney serving Portland, OR at The Law Office of Josh Lamborn, P.C.
Update Your Profile
Unfortunately you likely got some bad advice. Personal injury lawsuits in Oregon are limited by a two year statute of limitations. That means that if you don't file the lawsuit or settle your claim within two years from the date of injury you lose your right to recover. However, since the injury occurred to your son you may be saved if he is a minor. The statute of limitations is tolled in Oregon for a minor for up to five years or 1 year after age of majority (See ORS 12.160). Depending on the age of your child, this statute may save his cause of action.
Answered on Jul 12th, 2011 at 3:22 PM

Report Abuse
Family Law Attorney serving Baton Rouge, LA
4 Awards
You have probably waited too long to file any suit against the owner. Whoever told you that you needed to wait "four years" misled you if the advice was not to file suit. Lawsuits for personal injuries expire in one year in Louisiana. If the person who told you to wait was an attorney, and they told you that in front of witnesses or in writing, you may have a viable suit for malpractice against that attorney.
Answered on Jul 12th, 2011 at 12:24 PM

Report Abuse
I don't understand where the 4 years figure came from, unless it has something to do with your sons age. In Texas, there is a 2 year statute of limitations for bringing a personal injury claim. If the claimant is a minor, the two year period doesnt begin to run until their 18th birthday, so they have until their 20th birthday to bring a claim. But, and this is a big but, certain parts of the claim, such as medical bills, may be considered to be the parents claim, because parents are responsible for their childrens medical bills, and thus these claims must be brought within two years of the date of the accident.
Answered on Jul 12th, 2011 at 11:10 AM

Report Abuse
Family Law Attorney serving Bellevue, WA at Dearbonn Law Offices PLLC
Update Your Profile
You should file a claim to recover immediately, the SOL ( Statute of limitations) in many states is 3 years for accidents such as this. Where did the accident occur? If you still need a lawyer you may contact one in your area as soon as possible. You have no reason to wait 4 years. Wrong decision.
Answered on Jul 12th, 2011 at 10:12 AM

Report Abuse
Real Estate Litigation Attorney serving Newport Beach, CA at Fink & Abraham LLP
Update Your Profile
If your son is under 18 there is no need to panic. You have time to file a suit. A good personal injury attorney will have no problem picking up the case from your old attorney.
Answered on Jul 12th, 2011 at 7:13 AM

Report Abuse
Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
Update Your Profile
I don't necessarily agree with waiting unless there were no injuries apparent at the time. Also I don't understand why you are so concerned about "four" years. The statute of limitations is generally three years. But the time will be tolled during infancy. If there is a substantial injury then I don't think you will have problem finding a lawyer.
Answered on Jul 11th, 2011 at 4:07 PM

Report Abuse
Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
Update Your Profile
Check with your local bar association to find an accident attorney you may consult for advice. There are statututes of limitation or time limits for bringing personal injuries claim in court.
Answered on Jul 11th, 2011 at 3:10 PM

Report Abuse
Civil Practice Attorney serving Redmond, WA at Magnuson Lowell P.S.
Update Your Profile
I'm not sure why you would have been told to wait 4 years. Certainly, when a minor is injured, it's a good idea to wait to settle a case - since it can take time to determine the long term impact of injuries. But during that 4 year wait, I would have wanted to document - not only your son's injuries and recovery, but the basis for the liability claim against the well owner. There are many things that need to be done and evaluated to determine the strength (or weakness) of a claim. What was your child's age at the time? Where is the well? What protection was around the well? Did the owner have notice of a possible problem?
Answered on Jul 11th, 2011 at 2:59 PM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
Try harder to find a lawyer in Florida if a lawsuit is not filed within 4 years, you are forever barred from bringing a claim. It would be too difficult to explain to you how to file a lawsuit yourself. If necessary, pay a lawyer on an hourly basis just to draft a bare-bones complaint for you to file.
Answered on Jul 11th, 2011 at 2:57 PM

Report Abuse
Bankruptcy Attorney serving Santa Ana, CA at Sariol Legal Center
Update Your Profile
How old was your son when he fell in the well? Why did "they" tell you to wait four years, and "who" is this person that told you to wait? does your son have any permanent disability as a result of this accident? One thing you must watch out for is the statute of limitation. In California, a minor has two years after his 18th birthday to file a lawsuit or he may be barred forever to file.
Answered on Jul 11th, 2011 at 2:52 PM

Report Abuse
Personal Injury Attorney serving Salt Lake City, UT
If your son was younger than 18 years when the accident happened, you may have more time. You should speak with a personal injury lawyer immediately.
Answered on Jul 11th, 2011 at 1:24 PM

Report Abuse
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
You should not have waiting this long. You need to get an attorney right away to avoid the claim from being barred.
Answered on Jul 11th, 2011 at 12:59 PM

Report Abuse
Bad Faith Attorney serving Orlando, FL at Riley Allen Law
Update Your Profile
Whomever it was who told you to wait 4 years did not provide very good advice. You need to continue to try to find a lawyer ASAP or alternatively go to the Clerk of the Court or local Bar Association where you live and ask for help to file your own Complaint. The fact your son fell in an open well does not mean you have a case. You'll have to prove the landowner was negligent or careless.
Answered on Jul 11th, 2011 at 12:40 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters