What to do if I was injured at the senior housing where I live?

I was locked in a dumpster housing, it encases the dumpster so you can not see it. There was no way out I badly hurt my hand in the hour and half to get out of it. It has been fixed after 2 other residents had the same problem. The main office paid for part of my bill. At that time I did not have insurance so I did not take care of my hand as I should have and I am having lots of problems. How long after the injury can I file a law suit?

Asked on August 12, 2013 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is a three year statute of limitations in NY for filing a lawsuit in a personal injury case.  This means that your lawsuit for negligence against the senior housing facility where you live must be filed before the three year anniversary of your accident.  If three years have elapsed since the date of your injury, you have lost your rights forever in the matter and won't be able to file a lawsuit.

If the three year statute of limitations has not elapsed, and is not rapidly approaching, prior to filing a lawsuit it may be possible to settle the case with the senior housing facility's insurance carrier.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and if applicable, documentation of any wage loss.

Your personal injury claim filed with the insurance carrier for the senior housing facility should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used ot determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the insurance carrier for the senior housing facility, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier for the senior housing facility, reject the settlement offers and file a lawsuit for negligence against the senior housing facility.  If the case is NOT settled, your lawsuit for negligence against the senior housing facility, as stated above must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.