QUESTION
How long do I have to file an injury claim with a businesses medical insurance company?
Asked on Jun 23rd, 2011 on Personal Injury - Florida
More details to this question:
2010, between Today and Christmas I was visiting my Grandmother @ her Adult family home. I was leaving and black ice was on the ramp from the deck to the driveway. I slipped, fell on my back, and in the process grabbed the handrail with my hand and forearm. I seemed to be ok for several days (except for my pride). Slowly my shoulder has been getting more painful with fingers numbing. When the incident happened, the caregivers were there to help me up and they did mention it to the owner. Thank you very much for your time, assistance and patience.
16 ANSWERS
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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If in NY, the statute of limitations is 3 years assuming its a private nursing home. I am a former federal and State prosecutor and now handle personal injury cases so feel free to check out my web site and contact me to discuss your case.
Answered on Jul 25th, 2013 at 10:17 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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In California you have two years from the date of injury to file suit if you are an adult.
Answered on Jul 11th, 2013 at 2:41 AM
Steven D. Dunnings
You have 3 years but the longer you wait, the harder it is going to be to establish a causal relationship between your slip and fall and your injury.
Answered on Jul 11th, 2013 at 2:39 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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2 years from the date of the injury. Have you been treated or examined by a doctor?
Answered on Jul 11th, 2013 at 1:21 AM
Personal Injury Attorney serving Houston, TX
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Riley Law Firm
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It depends on the state in which the injury occurred. In Texas, you would have 2 years from the date of the incident in which to file suit. However, it will take an attorney some time to investigate the claim, send any requisite notices, attempt to negotiate presuit if possible, and file suit. Accordingly, you should not delay in securing competent legal representation in your locality.
Answered on Jun 28th, 2011 at 9:30 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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In Texas you must file a personal injury lawsuit within two years of the date of the accident/injury. You should file your claim with the business insurance company immediately after the accident, or as soon as possible. Note that filing your claim with the insurance company does not toll the statute of limitations. The only way to prevent your claim from expiring is either file a lawsuit within two years or settle your claim with the insurance company prior to that time
Answered on Jun 28th, 2011 at 9:21 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Thanks for your inquiry. I am only licensed to provide legal advice in the states of Louisiana and Mississippi. As I am not sure in what state you are located or the place where the injury and alleged negligence occurred, I am not fully able to provide you with much advice at this time. Each state has differing time limitations for which a person can legal bring a claim such as yours. Without knowing more information, I cannot adequately address your question. Please contact my office to discuss further. Thanks again!
Answered on Jun 27th, 2011 at 6:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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3 years for personal injury in NC need to get properly diagnosed. The carrier will deny your problem was caused by the slip.
Answered on Jun 27th, 2011 at 5:44 PM
Personal injury time limits depend on the state in which the injury occurred. In Virginia, there is a 2 year statute of limitations for most injury claims.
Answered on Jun 27th, 2011 at 5:30 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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If this happened in NC, there is a three-year statute of limitations in which suit must be filed. If you decide to consult an attorney, you should do that early enough for the attorney to have plenty of time to investigate the claim, obtain medical records and bills, negotiate with the insurance company, and file suit if necessary.
Answered on Jun 27th, 2011 at 5:26 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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You have two years from the date of the incident to settle or file a personal injury lawsuit in Oregon. After that your cause of action is barred by the statute of limitations. In some cases you may have more or less time depending on the facts. Also if the defendant is a public body you may have to file a tort claim notice within 180 days.
Answered on Jun 27th, 2011 at 5:14 PM
Theodore W. Robinson
You have three years from the time of injury to sue for any personal injury. However, if you take time to make a claim, it gets looked at more closely because they didn'tget immediatenotice of the accident. Speak to a personal injury attorney. Good luck. Ted Robinson www.thelawteam.com (516) 248-6600
Answered on Jun 27th, 2011 at 4:43 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, you have 4 years within which to bring a lawsuit. I would contact the owner of the home and ask for the name of his/her insurance, as some policies have medical payments coverage that will cover the medical bills of persons injured on their property up to the medpay limits, regardless of fault. It won't hurt to inquire of the insurance information and contact the insurer to see if they had medpay coverage. If they didn't, then you would have to show they were negligent before they will be liable to you.
Answered on Jun 27th, 2011 at 4:37 PM
In Oregon you have two years to bring a claim based on the negligence of the owner of the facility. In Washington, the statute of limitations is three years.
Answered on Jun 27th, 2011 at 4:27 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You don't really "file" an injury claim with any insurance company. You make a claim against whoever was operating the building and then their liability insurer will deal with you or your attorney. Sometimes, the building owner has "medical payments" coverage that helps pay for some of your medical bills. I have often seen that the insurance policy requires that the bills be submitted within one year. But, it could be longer in your case. You have three years to commence a lawsuit against a private individual or entity in a run of the mill personal injury slip and fall case. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
Answered on Jun 27th, 2011 at 4:26 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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In Florida, you would have 4 years, but you're obviously not in Florida. You need to ask a lawyer in your state. There may be a medical payments provision for the adult family home assuming it has insurance, but otherwise you also may have to prove negligence to recover any money for medical expenses.
Answered on Jun 27th, 2011 at 3:45 PM