How long do I have to complete a personal injury claim?
by Anonymous (USA)
I fell outside a major chain convenience store in August 2010. I reported the injury right away and went for x-rays. Within one week my mother was placed in the ICU (unrelated medical issues) and I did not return to work for over 2 weeks. I still could not make appointments to follow through on my foot issues and 15 months later I'm still having problems. In fact I'm waiting to see a podiatrist for a possible MRI.
I've been on anti-inflammatory medication and pain medications with no success. It's now affected my work performance because it becomes difficult to walk and move around. I used to dress up for work with high heels but since the issue occurred I can only wear closed shoes. I also cannot shop for a long period of time and have paid for numerous foot massages hoping to relieve the pain. Nothing has worked.
My question is: How long do I have after filing a claim to complete the claim? Is there anything else I can do?
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "How long do I have to complete a personal injury claim?":
You are in luck. The Statute of Limitations, or the “time period” in which you have to either settle your claim or file a lawsuit is 2 years from the date of your injury.
To mount an effective case against the convenience store you must collect medical documentation of your injuries and the treatment you have been receiving.
You should also create a list of all the medications you've been taking. Write a chronological “story” of everything which happened from the date of the injury through the present. Include the information you have presented to us as well as all the other pain and discomfort you have suffered, including your difficulties working.
Once you have accumulated all of the information contact the owner of the convenience store and the store’s company headquarters. Before you do you might stop at the convenience store and take a look at the window just outside the front door. Many convenient stores list all the contact information on the windows just outside the front door.
When making contact explain exactly what happened. They may have someone take your recorded statement. Normally that would be an insurance company representative. Recorded statements are standard in these types of cases so don’t hesitate to do so.
From there you will have to decide whether to represent yourself in the case or to hire a personal injury attorney. Talking with personal injury attorneys will help you to understand the issues involved and the time and effort needed to successfully pursue your claim.
Most personal injuries do not charge for an initial office consultation. If you decide to retain one you will not have to pay any legal fees until and unless they settle your case, or win it at trial. It’s a “win-win” for you.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.