If Ifell in the laundry room of my building and injured my ankle and knee about 9 weeks ago, canI sue?

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If Ifell in the laundry room of my building and injured my ankle and knee about 9 weeks ago, canI sue?

I fell in the laundry room of my building and injured my ankle and knee about 9 weeks ago. I have had to go to the doctors every week since then. I pay $25 each visit. I have lost days at work and since I am part-time so if I don’t work I do not get paid. Is it to late to sue them?

Asked on November 17, 2011 under Personal Injury, New York

Answers:

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

Answered 9 years ago | Contributor

You should contact the insurance carrier for the building in which you fell.  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 that you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the building's insurance carrier will consist of these items.  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 injuries 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.

If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the building's owner.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

It is not too late to file your lawsuit at the present time, but you should finish your medical treatment first in order to determine your total medical bills, total wage loss and compensation for pain and suffering.  Also, as mentioned above, it may be possible to settle the case without filing a lawsuit.  You don't want to settle the case prematurely because once it is settled, you can't go back to the insurance company in the future and request additional compensation.  Unless the statute of limitations is imminent which it is NOT at this time, you should complete your medical treatment before attempting to settle the case with the insurance carrier or filing your lawsuit.


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