I fell down a flight of stairs in 1999 and didn't know that the home owner was responsibile for any/all medical coverage. via her home owners insurance. I had no insurance.
I never asked and she never volunteered the information.
This has been a chronic physical problem for me since then as it was never looked at properly right after the accident. I was a renter at the time. The home owner lived in the same house as well.
Should I pursue this matter through an attorney?
2006-09-27 05:26:21 · 9 answers · asked by Jane C 2 in Health ➔ General Health Care ➔ Injuries
Someone asked what state I live in - Montana.
2006-09-27 05:34:55 · update #1
Here's what I recall...I was at the top of a 8 or 9 step staircase. I had to step over a pet gate that we, as tennents were told to NEVER remove since the dogs were not allowed in the lower part of the house (owners rules not mine).
My sandal slipped off halfway and I lost balance. There were no railings that I can remember. I fell backwards and broke two vertabrae in my neck. Stable fractures. No risk to my spine. But total damage to my left shoulder and scapula, sprains, hairline fractures, etc.
I am only looking for an answer to see if there is something to compensate my medical cost as I don't think my current insurance company should be held responsible for all this if someone one else's company might be.
I don't want, nor am looking for anything to personally compensate me - but the $3-4K in medical bills because of dealing with this problem is what I am seeking...maybe. Only if it is appropriate and morally correct.
2006-09-27 05:55:15 · update #2
It varies by state and it wouldn't hurt to speak with an attorney regarding this matter. However, because it's been 7 years, the statute is more than likely up in this case and any/all evidence may be inadmissible anyway due to the timeframe alone. Sorry.
2006-09-27 05:30:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Statute of Limitations for injuries sustained during an accident is one year from the date of the accident.
Also, just because you fall down the stairs in a home owned by someone else does not automatically make the homeowner responsible. You admit that you lived there also. So, did you fall because the handrail was loose, the carpet snagged? What was the reason for your fall. If you just simply tripped due to "klumsiness" than the home owner is not responsible. Also, say you fell because the handrail was loose. If you lived in the same house and you know that the handrail is loose, but you use the stairs and handrail anyway, then you are partially responsible for the accident and would not recover 100% on your injury.
Actually, there is not enough information given in your questions for a really decent answer.
2006-09-27 05:31:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
no state has a 7 year statute of limitation on injuries.
There might be an exception if you can show that you can demonstrate a "good cause" for the last seven years.
Have you been in a coma since the accident?
Are you retarded?
Did threat of duress keep you from bring this action forth?
At the time of the accident were you a minor? (like eleven or younger.)
If the answer to any of these questions is yes, you may have a course of action depending on the state.
If not you are SOL.
2006-09-27 05:40:59 · answer #3 · answered by Thoughts Like Mine 3 · 0⤊ 0⤋
It varies from state to state. I think 1 -3 years is genearally the case. If you want to know and don't want to go to the courthous or library to find out, then contact a lawyer.
2006-09-27 05:34:57 · answer #4 · answered by William T 3 · 0⤊ 0⤋
It really depends on her policy it like 300,000 and like 150 for the medical part
If you cant pay your medical bill then you might need to pursue
i not sure what the time frame is for filing on insurance
2006-09-27 05:36:32 · answer #5 · answered by jenniferevans32 3 · 0⤊ 0⤋
Seven years tells me it has ran. But even then - there may be issues with equitable tolling of the SOL.
Another quick thought - HOW CAN WE TELL YOU WHAT THE STATUTE OF LIMITATIONS IS IF YOU DON'T TELL US WHAT STATE YOU LIVE IN!?!?!?!?!?!?!?!?!?!
Everybody thinks legal issues are so easy to address. But this is a perfect example of why stuff is never as easy as a client thinks it is!
2006-09-27 05:32:28 · answer #6 · answered by Gay Muslim Pride!! 1 · 0⤊ 0⤋
I would contact a lawyer and see if there i any thing that can be done about it. I would also check into the laws in your states about what should happen.
2006-09-27 05:33:01 · answer #7 · answered by spoiled4alifetime 2 · 0⤊ 0⤋
I honestly think the time has ran out. As this 7 years ago? Let us hear from the legal experts...
2006-09-27 05:28:40 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Jane I as well believe the statued has ran out but i am not an atty, please call my friend debbi at 1-866-471-3782 or visit her website www.debbcarroll.com, please tell her Mark referred you
2006-09-27 05:33:12 · answer #9 · answered by Mark 6 · 0⤊ 1⤋