Suing for lifelong effects of ankle injury?

by Lila
(Rosemead, CA)

I broke my ankle (both bones tibia and fibula) on uneven, broken pavement where I rent my home. I had to have surgery resulting in a piece of hardware and 8 screws being placed in my ankle. Since then (this happened 3 years ago) the owner fixed the pavement. I live in California.

Am I still able to sue her? Since the injury occurred I've had many complications. I can't run, stand for too long, and I have arthritis in that leg. I also still feel pain in that ankle. I have varicose veins, clogged veins, and some kind of restless leg syndrome too.

I know I should have sued her then when the accident happened, but I didn't realize the extent of this injury. Little did I know the effects would last for life my entire life. Thanks for your time, I appreciate any information you can give.

Visitor Question:
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ANSWER for "Suing for lifelong effects of ankle injury?":

Lila (Rosemead, CA):

Unfortunately the statute of limitations for the settling of a personal injury claim or filing a lawsuit in the State of California is two years. You are well past that point.

What is surprising is your failure to file an insurance claim against your landlord or the property owner at or about the time of your injury. You say you didn't know the extent of your injury at the time it occurred. The implication is if you did you would have pursued a personal injury claim at that time. That's hard to understand.

It shouldn't have taken very much time to know a fractured tibia and fibula was a serious injury. The injury in and of itself should have resulted in your having filed a personal injury claim against your landlord and the property owner (if different) at that time.

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.

Best of luck,

Judge Calisi

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