Visitor Question

Suing for lifelong effects of ankle injury?

Submitted 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.

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 Lila,

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 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 7, 2013

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *