How long do I have to file an injury claim with a businesses medical insurance company? 28 Answers as of July 25, 2013

2010, between Today and Christmas I was visiting my Grandmother @ her Adult family home. I was leaving and black ice was on the ramp from the deck to the driveway. I slipped, fell on my back, and in the process grabbed the handrail with my hand and forearm. I seemed to be ok for several days (except for my pride). Slowly my shoulder has been getting more painful with fingers numbing. When the incident happened, the caregivers were there to help me up and they did mention it to the owner. Thank you very much for your time, assistance and patience.

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Riley Law Firm
Riley Law Firm | Timothy Dennis Riley
It depends on the state in which the injury occurred. In Texas, you would have 2 years from the date of the incident in which to file suit. However, it will take an attorney some time to investigate the claim, send any requisite notices, attempt to negotiate presuit if possible, and file suit. Accordingly, you should not delay in securing competent legal representation in your locality.
Answer Applies to: Texas
Replied: 6/28/2011
David Hoines Law
David Hoines Law | David Hoines
Depends on the statute of limitations in the state where the accident happened. If in Florida, then 4 years from date of accident.
Answer Applies to: Florida
Replied: 6/28/2011
Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
In Texas you must file a personal injury lawsuit within two years of the date of the accident/injury. You should file your claim with the business insurance company immediately after the accident, or as soon as possible. Note that filing your claim with the insurance company does not toll the statute of limitations. The only way to prevent your claim from expiring is either file a lawsuit within two years or settle your claim with the insurance company prior to that time
Answer Applies to: Texas
Replied: 6/28/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Thanks for your inquiry. I am only licensed to provide legal advice in the states of Louisiana and Mississippi. As I am not sure in what state you are located or the place where the injury and alleged negligence occurred, I am not fully able to provide you with much advice at this time. Each state has differing time limitations for which a person can legal bring a claim such as yours. Without knowing more information, I cannot adequately address your question. Please contact my office to discuss further. Thanks again!
Answer Applies to: Louisiana
Replied: 6/27/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
You have 3 years but the longer you wait, the harder it is going to be to establish a causal relationship between your slip and fall and your injury.
Answer Applies to: Michigan
Replied: 7/11/2013
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    There is a two year time period from the date of the accident in the state of Virginia.
    Answer Applies to: Virginia
    Replied: 6/27/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    3 years for personal injury in NC need to get properly diagnosed. The carrier will deny your problem was caused by the slip.
    Answer Applies to: North Carolina
    Replied: 6/27/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    You have 5 years to file a premises liability claim (i.e. a "slip and fall"). However, you should get an attorney as soon as possible so they can begin investigating the case, talking to witnesses, and subpoenaing records. Evidence disappears if you don't act swiftly.
    Answer Applies to: Missouri
    Replied: 6/27/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    This is a personal injury. By law you have a maximum amount of time to sue a defendant. It varies from state to state but often it is between two or three years.
    Answer Applies to: New Jersey
    Replied: 6/27/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Personal injury time limits depend on the state in which the injury occurred. In Virginia, there is a 2 year statute of limitations for most injury claims.
    Answer Applies to: Virginia
    Replied: 6/27/2011
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    If this happened in NC, there is a three-year statute of limitations in which suit must be filed. If you decide to consult an attorney, you should do that early enough for the attorney to have plenty of time to investigate the claim, obtain medical records and bills, negotiate with the insurance company, and file suit if necessary.
    Answer Applies to: North Carolina
    Replied: 6/27/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    2 years from the date of the injury. Have you been treated or examined by a doctor?
    Answer Applies to: Oregon
    Replied: 7/11/2013
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    You have two years from the date of the incident to settle or file a personal injury lawsuit in Oregon. After that your cause of action is barred by the statute of limitations. In some cases you may have more or less time depending on the facts. Also if the defendant is a public body you may have to file a tort claim notice within 180 days.
    Answer Applies to: Oregon
    Replied: 6/27/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can sue the owners of the house based on their failure to remove the black ice. Cases involving snow and ice are difficult but there is definitely a case.
    Answer Applies to: Pennsylvania
    Replied: 7/11/2013
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    In California you have two years from the date of injury to file suit if you are an adult.
    Answer Applies to: California
    Replied: 7/11/2013
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You don't really "file" an injury claim with any insurance company. You make a claim against whoever was operating the building and then their liability insurer will deal with you or your attorney. Sometimes, the building owner has "medical payments" coverage that helps pay for some of your medical bills. I have often seen that the insurance policy requires that the bills be submitted within one year. But, it could be longer in your case. You have three years to commence a lawsuit against a private individual or entity in a run of the mill personal injury slip and fall case. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
    Answer Applies to: New York
    Replied: 6/27/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Depends in which State it occurred. Each one has it's own statute of limitations.
    Answer Applies to: Florida
    Replied: 6/27/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    2 years.
    Answer Applies to: California
    Replied: 6/27/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You have three years from the time of injury to sue for any personal injury. However, if you take time to make a claim, it gets looked at more closely because they didn'tget immediatenotice of the accident. Speak to a personal injury attorney. Good luck. Ted Robinson www.thelawteam.com (516) 248-6600
    Answer Applies to: New York
    Replied: 6/27/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, you have 4 years within which to bring a lawsuit. I would contact the owner of the home and ask for the name of his/her insurance, as some policies have medical payments coverage that will cover the medical bills of persons injured on their property up to the medpay limits, regardless of fault. It won't hurt to inquire of the insurance information and contact the insurer to see if they had medpay coverage. If they didn't, then you would have to show they were negligent before they will be liable to you.
    Answer Applies to: Florida
    Replied: 6/27/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    In Oregon you have two years to bring a claim based on the negligence of the owner of the facility. In Washington, the statute of limitations is three years.
    Answer Applies to: Oregon
    Replied: 6/27/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    Normally, there is no recovery for ice in Ohio. Based on your fact statement I would say this would not be a case that you would be able to pursue.
    Answer Applies to: Ohio
    Replied: 6/27/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    In Florida, you would have 4 years, but you're obviously not in Florida. You need to ask a lawyer in your state. There may be a medical payments provision for the adult family home assuming it has insurance, but otherwise you also may have to prove negligence to recover any money for medical expenses.
    Answer Applies to: Florida
    Replied: 6/27/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    If in NY, the statute of limitations is 3 years assuming its a private nursing home. I am a former federal and State prosecutor and now handle personal injury cases so feel free to check out my web site and contact me to discuss your case.
    Answer Applies to: New York
    Replied: 7/25/2013
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