QUESTION
If I slipped in a parking lot 6 months ago due to which I had surgery and lost my job can I sue the apartment now?
Asked on Jul 10th, 2014 on Personal Injury - Florida
More details to this question:
I fell down in the parking lot of my apartment around 6 months ago. I had injury due to that and I had one surgery. I lost my job as recovery took 3-4 months. Can I sue the apartment now or is it too late?
20 ANSWERS
Alexis Anne Plunkett
The statute of limitations in Nevada for personal injury is two yearsso it is not too late and you have until two years after the date of the slip and fall to file a complaint.
Answered on Jul 18th, 2014 at 5:22 PM
1 Award
It is not too late. The statute of limitations for injury cases in Wisconsin is three years from the date of the injury.
Answered on Jul 18th, 2014 at 3:42 AM
Car Accidents Attorney serving Milwaukee, WI
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Domnitz & Domnitz, S.C.
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If this slip and fall occurred at a privately owned (that is, a non-government owned or subsidized) apartment complex, you have three (3) years in which to bring a claim for your injuries.
Answered on Jul 16th, 2014 at 8:01 PM
You have 3 years from the date of the injury to file a personal injury lawsuit in Michigan. You should look into hiring an experienced personal injury attorney, often working on a contingency basis which means you pay little upfront, to help you with the complexities of a personal injury lawsuit.
Answered on Jul 14th, 2014 at 9:32 AM
Ronald A. Steinberg
Under Michigan law, you will probably lose your case because our wonderful appellate courts, the finest that money can buy, have determined that as long as a parking lot is satisfactory as a parking lot, then it fits its intended use and so whether or not it is icy, there is no liability. If, however, the ice formed where it did because of some defect caused by, or under the control of the apartment complex, a competent lawyer MAY be able to put a case together that avoids the impact of the current case law. Good luck. As we speak, I have 2 such cases pending in the appellate court system.
Answered on Jul 11th, 2014 at 4:46 PM
Edwin K. Niles
Not too late; two year statute of limitation. But can you prove negligence? Can you rebut comparative negligence?
Answered on Jul 11th, 2014 at 4:40 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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The statute of limitations is 2 years on a personal injury case. You can file a claim.
Answered on Jul 11th, 2014 at 4:38 PM
The statute of limitations (time allowed for filing a lawsuit) in Oregon for personal injury claims is generally two years. However, under the Oregon Tort Claims Act, if the apartment is owned or operated by a public entity (like a government agency owning or operating a public housing project) you have to give notice of your claim within 180 days or you cannot file a lawsuit. Last, there are certain provisions of the Oregon Landlord-Tenant Act that may provide for attorney fees provisions. However, that act has notice provisions as well. Given all of these issues you should contact a personal injury lawyer ASAP to see if anything needs to be done immediately to preserve your claim(s). Good luck.
Answered on Jul 11th, 2014 at 4:34 PM
EDWARD MILLER
The timing is no problem. The statute of limitations for injury suits is 3 years. If the defect that caused the fall was "open and obvious," that defense would be available to the property owner, unless there was no safe route for you to travel.
Answered on Jul 11th, 2014 at 1:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with the details and for a firm answer. You have a POTENTIAL cause of action.
Answered on Jul 11th, 2014 at 1:08 PM
It's not too late to sue, but whether or not you will be successful depends on the facts. Why did you fall? What exactly happened?
Answered on Jul 11th, 2014 at 12:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have 3 yrs within which to sue. The question is why did you fall? were you looking where you were going? is there a defect involved?have you made photos of the defect if there is one? Like to see photos and then I can tell you what to do next.
Answered on Jul 11th, 2014 at 11:43 AM
James Eugene Hasser
You have 2 years to sue, but the real question is whether the complex was at fault. Just because you get hurt on someone's property, doesn't necessarily make them liable. You have to prove they were at fault. You may want to consult an experienced personal injury lawyer familiar with premises liability law.
Answered on Jul 11th, 2014 at 10:51 AM
In Nevada, you have two years from the date of the accident to file suit. Each state has its own statute of limitations (deadline), so check carefully. You can make a claim against the apartment management and ownership, and their insurance company, now. You will need to convince them that they were negligent (careless) somehow in maintaining the parking lot.
Answered on Jul 11th, 2014 at 10:50 AM
Admiralty and Maritime Attorney serving Miami, FL
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Leighton Law, P.A.
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Yes you can. If there was something wrong with the surface that caused you to fall you may have a case. Under Florida law you must be able to prove that the owner or operator of a property either caused the fall or had some sort of notice that the condition was defective for a long enough time to make it reasonable for them to take action. The notice doesn't mean they had to have actual knowledge of it but that something was on the ground long enough to require them to act. Since you didn't say what caused you to slip it's hard to say how strong your case is. You should contact an experienced trial lawyer who can give you some advice.
Answered on Jul 11th, 2014 at 9:55 AM
Thomas Edward Gates
While it is not to late to file a claim, if you had not informed the apartment management of the accident you will have a harder time prevailing. Also, just because you fell, it does not prove that the apartment management is negligent.
Answered on Jul 11th, 2014 at 9:39 AM
In California, you have two years to file such a suit. The insurance company for the apartment house will, because of the time delay, probably not believe you. Go to a personal injury attorney and see if they will accept the case; their fee would be 33% of the recovery, but the defendant will likely not offer you anything if you represent yourself. You also have to prove that the owner of the apartment was negligent; merely because you fell does not make them responsible.
Answered on Jul 11th, 2014 at 9:37 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In NY, the Statute of limitations is 3 years unless the parking lot is owned by a public authority, such as a housing authority in which case you may have some problems. Although you are probably within a statute of limitations time frame, the delay might hinder investigation and gathering evidence. Find an experienced personal injury lawyer in your area.
Answered on Jul 11th, 2014 at 8:28 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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It is not too late, in Colorado you have two years from the date of the accident in which to file a premises liability case.
Answered on Jul 11th, 2014 at 8:11 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, the statute of limitations for premises liability is 4 years, so you still have the time to bring a claim.
Answered on Jul 11th, 2014 at 8:01 AM