Visitor Question

Pain from Ankle Screws after Car Accident…

Submitted By: Shirley (Montezuma, GA)

Several yrs ago my husband was involved in an car accident. His ankle was broken and had to be fused. He was in a lot of pain but the doctors said nothing can be done to alleviate the pain from the screws. The screws can even be felt from outside the ankle.

I’m wondering what’s the statue of limitations and if there’s chance of a possible suit for pain and suffering? 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 Shirley,

In the State of Georgia the Statute of Limitations is 2 years from the date of the injury. There are some exceptions, but the facts of your husband’s case as you relate them do not fit into any of the exceptions.

There is a remote possibility at or about the time of the accident an insurance claim was opened. You and your husband may not know about it, but the claim may possibly still be open.

If you know the name of the Claims Adjuster who initially handled the car accident case you have nothing to lose by contacting her.

When a car collision occurs and insurance is in place for the at-fault driver, there is normally an amount of insurance money set aside for each injured person. That amount is called the “Authority”. It is the amount the Claims Adjuster has to pay the claim of the injured person.

Although the Statute of Limitations period has expired, the Adjuster may still have access to the money set aside for your husband’s injuries.

Call her and be honest about the exacerbation of your husband’s pain. There is more of a chance of success if the insurance company is one of the major ones. You have nothing to lose, and everything to gain by trying. You can’t threaten to sue, but you can petition for fairness.

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: August 24, 2011

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