Is it to late to file a injury claim since I didn’t take pictures and repairs has been made

Fell through a broke board on a porch and totally ruptured Achilles’ tendon on 4th of
July. Thought it was just a sprain.

Asked on September 15, 2017 under Personal Injury, Ohio

Answers:

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

Answered 3 years ago | Contributor

It is not too late to file a personal injury claim with the homeowner's insurance carrier.  Notify that insurance carrier in writing that you will be filing a personal injury claim.
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 treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the homeowner's insurance carrier should include those items..
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to 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, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the homeowner's insurance carrier, reject the settlement offers and file a lawsuit against the homeowner based on premises liability.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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