Visitor Question

Waited 4 months to inform the building manager of my fall…

Submitted By: Charlena (Milwaukee, WI, USA)

In March of 2013, I was leaving for work and slipped and fell on some ice in the building parking lot where my daughter resides. I didn’t seek medical treatment until weeks later after the pain had worsened in my left shoulder. After going to the doctor, I had a MRI done and found out that from the fall, I had ripped the muscles away from the tendon.

On July 1, 2013, I had surgery to my rotator cuff, where the doctor had to implant an anchor to connect the muscles. I am expected to be off work anywhere from 8 to 12 weeks, with weeks of therapy to follow. I never informed the building manager of the fall until 7/7/2013.

My question is, is it too late to file a lawsuit since the building manager wasn’t notified until 4 months later? Is there anything I can do? 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 Charlena,

It’s certainly not too late to file a lawsuit. Fortunately you may not have to do so. Most personal injury claims can be settled without having to file a lawsuit. Your problem may be tying your injury to the fall in the parking lot.

Although you know the fall was the direct and proximate result of your injuries, it will be difficult to convince the building owner or her insurance company your injuries either occurred in their parking lot, or that they are liable for your injuries.

The challenge is based in your apparent failure to make a record of your injuries at the time of your fall. While it is perfectly normal for symptoms not to appear sometimes for several days or longer, it’s likely the building owner and her insurance company will say your injuries were caused by an intervening event. Witnesses to your injuries would be quite valuable. So would a report taken at the time of your fall.

Some injuries can be handled without the need for an attorney. Those injuries are usually “soft tissue” and include minor sprains, bumps, bruises, and the like. Your injuries are much more serious. Taken with the intervening time between your fall and the onset of your symptoms, you will need the advice and counsel of an experienced personal injury attorney.

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: July 8, 2013

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