If I injured myself at a friend’s house2 years ago and have had to have surgery and therapy, can I sue?

Cut the tendon in my finger; hand is still not 100%.

Asked on November 29, 2011 under Personal Injury, California

Answers:

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

Answered 8 years ago | Contributor

As the owner of the property, your friend is liable for your injury.  The problem however is that since two years have elapsed, the statute of limitations may have expired.  The statute of limitations varies from state to state.  Without knowing in which state you live in, which state your friend lives in or in which state the injury occurred, it is unknown at this point  whether or not the applicable statute of limitations has expired.  If the statute of limitations has expired, it is too late to file your lawsuit because your claim will be barred by the statute of limitations.

If the statute of limitations has not expired, you should file your lawsuit for negligence against your friend immediately to be compensated for your injury. You should have your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

 


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