falling into a open well... 41 Answers as of July 11, 2013

My son fell into a open well in 2007. I was told to wait 4 years to move forward so it shows the effects it has had through the years on him. I can not find a lawyer the 4 years is ending in a few weeks. The owner is a well known and owns alot of property and land and I need help ASAP.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
Unfortunately you likely got some bad advice. Personal injury lawsuits in Oregon are limited by a two year statute of limitations. That means that if you don't file the lawsuit or settle your claim within two years from the date of injury you lose your right to recover. However, since the injury occurred to your son you may be saved if he is a minor. The statute of limitations is tolled in Oregon for a minor for up to five years or 1 year after age of majority (See ORS 12.160). Depending on the age of your child, this statute may save his cause of action.
Answer Applies to: Oregon
Replied: 7/12/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
In Louisiana, you generally have one year from the date of accident to pursue an injury claim against a person or entity at-fault. There are many questions that still exist, however, generally you only have one year to settle the claim or file suit.
Answer Applies to: Louisiana
Replied: 7/13/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
You have probably waited too long to file any suit against the owner. Whoever told you that you needed to wait "four years" misled you if the advice was not to file suit. Lawsuits for personal injuries expire in one year in Louisiana. If the person who told you to wait was an attorney, and they told you that in front of witnesses or in writing, you may have a viable suit for malpractice against that attorney.
Answer Applies to: Louisiana
Replied: 7/12/2011
Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
I don't understand where the 4 years figure came from, unless it has something to do with your sons age. In Texas, there is a 2 year statute of limitations for bringing a personal injury claim. If the claimant is a minor, the two year period doesnt begin to run until their 18th birthday, so they have until their 20th birthday to bring a claim. But, and this is a big but, certain parts of the claim, such as medical bills, may be considered to be the parents claim, because parents are responsible for their childrens medical bills, and thus these claims must be brought within two years of the date of the accident.
Answer Applies to: Texas
Replied: 7/12/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
If this was a negligent injury I do not see what four years has to do with anything. The statute of limitations is either two years from the date of the incident OR two years from a minors 19th birthday. You need to consult a lawyer immediately.
Answer Applies to: Alabama
Replied: 7/12/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    As far as I am aware, the statute of limitations on personal injuries claims in the Commonwealth is normally two years which may explain why you cannot find an attorney to handle it (Why you would be waiting four years to sue someone under these facts for what the law terms harboring an "attractive nuisance" makes no sense to me.) - Contact your local bar association and ask for a few names/phone numbers of personal injury lawyers who participate in the lawyer referral program.
    Answer Applies to: Virginia
    Replied: 7/12/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    How old is the son? What were his injuries? How obvious was the open well? Why did he fall?
    Answer Applies to: North Carolina
    Replied: 7/4/2013
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    There are many issues that you need to discuss with a lawyer. You can call the Lawyer Referral service to find an lawyer.
    Answer Applies to: Delaware
    Replied: 7/11/2013
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    You should file a claim to recover immediately, the SOL ( Statute of limitations) in many states is 3 years for accidents such as this. Where did the accident occur? If you still need a lawyer you may contact one in your area as soon as possible. You have no reason to wait 4 years. Wrong decision.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    If your son is under 18 there is no need to panic. You have time to file a suit. A good personal injury attorney will have no problem picking up the case from your old attorney.
    Answer Applies to: California
    Replied: 7/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The statutes of limitation limit the filing of a claim. You should consult with a firm in your area as soon as possible.
    Answer Applies to: Connecticut
    Replied: 7/12/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    I disagree with whoever gave you that advice! Waiting to get an attorney is NEVER a good idea. We help preserve the evidence and give you advice regarding treatment, making statements to the other side, etc. You can always wait to file the lawsuit itself, but - in my opinion-a good attorney starts working up the case right away. First, take a breath. You have 5 years to file a premises lawsuit, not 4. No need to panic just yet. Next, do some research about potential attorneys. You can consult with as many as you like until you find an attorney that you click with.
    Answer Applies to: Missouri
    Replied: 7/11/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    I do not know how old your son is, but the statute of limitations does not begin to run until he turns 18 (if the accident happened in South Carolina).
    Answer Applies to: South Carolina
    Replied: 7/11/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    ID: 25380 It depends on how old your son was in 2007 and how old he is now. You have 2 years to file a lawsuit for a "wrongful act" in New Jersey. That time period is "Tolled" or prevented from expiring during the period of time your child is under the age of 21. If for instance, you son was 19 in 2007 and turned 21 in 2009, then it is possible that the time to sue may have expired by the time 2011 rolled around. However, if you son was younger than 19 at the time of the injury, you still have time to sue. That said, you do not need to wait until your son is 21 before filing a lawsuit. You can bring a lawsuit before then.
    Answer Applies to: New Jersey
    Replied: 7/11/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Assuming your son is or was a minor he has 2 years from his 18th birthday to file a lawsuit. At this point of time the extent of his injuries should be known. Please feel free to contact our office without obligation to discuss the liability surrounding the well your son fell in.
    Answer Applies to: Illinois
    Replied: 7/11/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I don't necessarily agree with waiting unless there were no injuries apparent at the time. Also I don't understand why you are so concerned about "four" years. The statute of limitations is generally three years. But the time will be tolled during infancy. If there is a substantial injury then I don't think you will have problem finding a lawyer.
    Answer Applies to: New York
    Replied: 7/11/2011
    Law Office of William Justice Whitaker
    Law Office of William Justice Whitaker | William J. Whitaker
    The statute of limitations for a "negligence" action in Virginia is two years. If your child is a minor then, yes the statute of limitations can be tolled under certain circumstances. My advise is to contact an attorney immediately and discuss this matter with them in great detail.
    Answer Applies to: Virginia
    Replied: 7/11/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    How old is your son? It may be that the statute of limitations has run depending on his age. It may also be as a result of his injuries. That is they are not significant. Another difficulty cold be in proving negligence on the part of the land owner. An open pit hole well is not necessarily the basis for an action against the land owner.
    Answer Applies to: California
    Replied: 7/11/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    If your child has not yet turned 18 then the statute of limitations in Idaho is tolled for 6 years. There are many injury lawyers in the state who would discuss the potential case with you.
    Answer Applies to: Idaho
    Replied: 7/12/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    I hope your son has not reached his 20th birthday because his claim is good two years beyond his becoming an adult at the age of 18.
    Answer Applies to: New Jersey
    Replied: 7/4/2013
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Check with your local bar association to find an accident attorney you may consult for advice. There are statututes of limitation or time limits for bringing personal injuries claim in court.
    Answer Applies to: Indiana
    Replied: 7/11/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    I'm not sure why you would have been told to wait 4 years. Certainly, when a minor is injured, it's a good idea to wait to settle a case - since it can take time to determine the long term impact of injuries. But during that 4 year wait, I would have wanted to document - not only your son's injuries and recovery, but the basis for the liability claim against the well owner. There are many things that need to be done and evaluated to determine the strength (or weakness) of a claim. What was your child's age at the time? Where is the well? What protection was around the well? Did the owner have notice of a possible problem?
    Answer Applies to: Washington
    Replied: 7/11/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    Is your son under 18? If not the statute of limitaitions is two years.
    Answer Applies to: Ohio
    Replied: 7/4/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Try harder to find a lawyer in Florida if a lawsuit is not filed within 4 years, you are forever barred from bringing a claim. It would be too difficult to explain to you how to file a lawsuit yourself. If necessary, pay a lawyer on an hourly basis just to draft a bare-bones complaint for you to file.
    Answer Applies to: Florida
    Replied: 7/11/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    There is probably a 4 year statute of limitations . Find a lawyer quickly or you will have no claim. Not many lawyers like taking cases with only a few weeks left.
    Answer Applies to: Florida
    Replied: 7/11/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Joel Ewusiak
    You're correct. You need to act swiftly. In Florida, the statute of limitations is four years for negligence cases. This sounds like a case of premises liability. It will be necessary to demonstrate that the well was not an open and obvious condition on the property. More information is needed to evaluate the claim.
    Answer Applies to: Florida
    Replied: 2/17/2012
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    The statute of limitation is not 4 years; it is three years from the time your son turns 18.
    Answer Applies to: Maryland
    Replied: 7/4/2013
    Sariol Legal Center
    Sariol Legal Center | Frank R. Sariol
    How old was your son when he fell in the well? Why did "they" tell you to wait four years, and "who" is this person that told you to wait? does your son have any permanent disability as a result of this accident? One thing you must watch out for is the statute of limitation. In California, a minor has two years after his 18th birthday to file a lawsuit or he may be barred forever to file.
    Answer Applies to: California
    Replied: 7/11/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Not sure what the 4 years is all about. How old is your son? that is the key question. The statute of limitations does not commence until he turns 18. I would have a bunch of questions about liability. Was your son invited to be on the property? Was he a guest or trespasser? was the open well marked?
    Answer Applies to: California
    Replied: 7/4/2013
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    Where was the accident? What injuries did your son sustain? How old is your son now? What caused him to fall in the well?
    Answer Applies to: California
    Replied: 7/4/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    4 years seems like an arbitrary time and probably has no legal significance. Still, you should consult with an attorney for more information.
    Answer Applies to: Oregon
    Replied: 7/4/2013
    Premier Law Group
    Premier Law Group | Jason Epstein
    I don't know who told you to wait four years, but I've never heard of anything like that before. At this point, you should speak with some reputable attorneys who focus their practices on injury cases to see if there is anything that can still be done for your son.
    Answer Applies to: Washington
    Replied: 7/4/2013
    Law Offices of Jon Friedman
    Law Offices of Jon Friedman | Jonathan Friedman
    Depending on your son's age, you may have a problem with the statute of limitations. If he has turned 19, he may have no claim available to him. If he is still a minor, the 4 years you were previously told about could be wrong. So, you haven't supplied enough information about his age to be able to assess whether a claim still exists. If a claim does still exist, there are lots of questions that need answers about where the well was, how if at all it was marked, and exactly what happened. Good luck.
    Answer Applies to: Oregon
    Replied: 7/11/2011
    Law Office of Garrett S. Handy
    Law Office of Garrett S. Handy | Garrett S. Handy
    If your son was younger than 18 years when the accident happened, you may have more time. You should speak with a personal injury lawyer immediately.
    Answer Applies to: Utah
    Replied: 7/11/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Yes, you need to speak to a lawyer immediately.
    Answer Applies to: Florida
    Replied: 6/10/2013
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You should not have waiting this long. You need to get an attorney right away to avoid the claim from being barred.
    Answer Applies to: Florida
    Replied: 7/11/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Whomever it was who told you to wait 4 years did not provide very good advice. You need to continue to try to find a lawyer ASAP or alternatively go to the Clerk of the Court or local Bar Association where you live and ask for help to file your own Complaint. The fact your son fell in an open well does not mean you have a case. You'll have to prove the landowner was negligent or careless.
    Answer Applies to: Florida
    Replied: 7/11/2011
Click to View More Answers:
12 3 4 5 6 7 Free Legal QuestionsConnect with a local attorney