Visitor Question

Broken Heel from Stepping in a Hole…

Submitted By: Anonymous (USA)

I was at a friend’s house. I went outside to the back to look at something. It was night and there was no light. I stepped off the porch and went into a deep hole and broke my heel (calcaneus fracture). This happened in August 2010 and I had surgery in October 2010.

I am now walking but with complications. I wanted to know if I’ve waited too long to file a claim and do I have a valid case? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You have ample time to settle your claim or file suit if necessary. The Statute of Limitations for the filing of personal injury lawsuits in almost all States is 2 years. Therefore you have 2 years from the specific date of your injury in 2010. Whatever that date is, you will have until 2012 to file you suit or settle the case out of court.

Before considering filing a lawsuit consider negotiating a settlement with your friend’s homeowners insurance company. The process doesn’t have to be adversarial. Ask your friend for the name of her homeowners insurance company. Contact them and file a claim.

Your case will be assigned to a Claims Adjuster. She will make contact with you and will commence the settlement process. In the interim see the appropriate doctors. You may want to consider an orthopedic surgeon first.

Because your injuries clearly occurred on your friend’s property there shouldn’t be any reason for your claim to be denied. Make sure you include any and all out of pocket expenses. You will probably have to take time off for your treatment. Be sure to include in your claim all medical bills, or “Hard Costs” as they are referred to in the legal business, all out of pocket expenses, and lost wages.

They should all be compensated fully. You should also consider asking the Claims Adjuster for an additional amount of compensation for your pain and suffering.

Normally multiplying the amount of your Hard Costs by at least 3 is a good place to start negotiating a final settlement.

The most important thing is to take care of your health first. The claim will follow your injuries and should be settled without dispute.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 13, 2011

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