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How long do you have to make a claim on a slip and fall injury resulting in surgery? And what is a fair settlement?
Anonymous4 views5 answers
I fell and broke my ankle on 1/30/2014....I ended up having surgery, and having pins put in .....still having problems with swelling,walking distances, and am not able to wear the shoes I use to wear.....I am 77 yrs. old and was very active ....this happened at my rental residence and my landlord is responsible because of neglect....etc.
First, I'm very sorry for your injury. I happen to walk with a cane because of some issues in my leg and I know the lessened mobility is frustrating. To answer your question, New Hampshire has a 3 year Statue of Limitations. I suggest you call a local attorney to discuss whether their is a negligence claim. Also, bear in mind, if you have either Medicare or Medicaid, they will need to be paid back for the benefits they paid out. It can be very complicated.
Good luck.
You have three years from your date of injury to file a lawsuit for damages. That does NOT mean you should wait that long. Hopefully your landlord had insurance and if so you should put them on notice of your injury. They will likely call you to get additional information. Anything of substance is best handled by an attorney. You should refrain from giving any recorded statements over the phone to your landlord's insurer. Your best bet it to put this case in the hands of a competent and experienced attorney and let them do the work for you.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
The statute of limitation is 3 years in your state, so have a local personal injury lawyer investigate if there was some defect or dangerous condition that was the cause of the fall, as merely falling is not enough. has a great lawyer finder tool to locate a local attorney in your city. Good luck.
I agree with the other attorneys who have previously posted answers that the deadline in NH is typically 3 years from the date of accident. As to a "fair settlement", many more details concerning the exact cause of your fall (Premises Liability), the amount of your medical charges, the extent of any liens such as with Medicare, etc... are needed. Was it a Trimalleolar Fracture? Arthritic changes? Pain & Suffering? It has been almost a year since your unfortunate accident and you should have a local NH injury attorney representing your interests by now - while the evidence is still available.
Under New Hampshires statute of limitations law, or the time you have until you are barred from bringing a suit is three years from e date of the injury plus one day. However, there are many reasons why you should not wait that long. I represented a client and the case went to the NH Supreme Court on the issue of when the deadline for filing a personal injury suit is barred ( see Chesley, NH Supreme Court).. Waiting until you get close to the statute of limitations is fine if your still not healed, because once you agree to a settlement you are reasonable for any injury or damages after you sign off. So waiting has advantages to make sure you are at the end of your healing process. However filing early can also be beneficial for strategic reasons. Memories and evidence fall apart so the sooner you depose someone the fresher their memories and the evidence can be. There are many reasons to file early, or wait until you are satisfied you are healed. Somewhere in the middle is probably best.