Legal Question in Personal Injury in California

Re: slip and fall accident

The procedure for filing a lawsuit is simple and easy for any half-competent litigator. The important points, however, are that the Statute of Limitations provides time limits on when you MUST file a lawsuit or lose your rights. Therefore, it is very important to make sure that you file suit within the limitations period.

For personal injury the time limit is generally one year from the date of injury. However, it CAN be shorter depending upon the circumstances and who owns/maintains the property.

Thus, you really should speak with an attorney regarding representation.

I would be happy to meet to discuss the case with you and your wife. I am in Southern California.

J. Caleb Donner

LEGAL WARRIORS (R)

805-494-6557

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

www.donnerlaw.com

Re: slip and fall accident

The lawsuit can be filed at any time, even before the proper corporate agents are known. In California, there is a new 2-year statute of limitations that went into effect in 2003. However, since your incident happened last year, the safest bet is to make sure the lawsuit is filed under the former 1-year statute of limitations (i.e., before July 2003.)

You will need an attorney for this case. Proving liability in these types of cases is very difficult -- even with an attorney. Also, an extensive damages analysis will be required for the broken ankle (and the blood clot, if you can prove that it is related to the fall).

Re: slip and fall accident

IF the property owner is indeed a private (non-government) entity, you will likely have one year from the date of the injury for filing your complaint. Call your attorney and make an appointment to see him/her. It may turn out that your present attorney has been actively pursuing the case for you. If he/she will not meet with you, you should immediately seek other representation. You may or may not have a valid action, but as you still have time for an attorney to properly investigate the facts, you should either ask your present attorney for a progress report, or find a new attorney.

Re: slip and fall accident

A slip an fall case is not an easy one to win. In order for a recovery to be had, one must prove that the slip and fall was caused by the negligence of the property owner or another.

That being said, the statute of limitations runs from the date of the fall for one year. This means that a lawsuit must be filed by then or else your wife's and yours (loss of consortium) will be lost.

In this day and age I file suit as soon as my research and investigation shows that my client has a viable case. Courts must get 85% of their cases to trial within one year of filing of the complaint. This prevents the defendant and the insurance company from playing the delay game.

If you are not getting full communication and satisfactory action from your attorney, change attorneys. Any competent bodily injury attorney that chooses to take over the matter can and will make arrangements witht the former attorney to pay him or her the reasonable value of the original attorney's services upon recovery, without any additional cost to you. You have the right to fire your attorney no matter what documents he or she had you sign.

If you want us to consider your case, contact me by phone or e-mail.

Re: slip and fall accident

Thank you for your inquiry.

The main problem here is one of communication. Your attorney may be negotiating, or demanding settlement, but without he returning your calls, you can't know. The lawsuit can be filed at anytime, up to one year from the date of the incident. I hope this answer helps, but please feel free to contact me directly if you feel you need assistance or have additional questions. You can reach me at [email protected], or toll free at 1-877-568-2977. Thanks again, and best of luck.

Re: slip and fall accident

You still have time to file, usually a year from accident, now increased to two years in CA. If the facts show the property owner is liable, then you should pursue the claim with an attorney you can depend upon. If you're reasonably local to us, contact me to discuss.

Re: slip and fall accident

It's not a good sign your calls are going unreturned. The statute of limitations for filing (for incidents prior to January 1, 2003) is one year from the time of the incident (six months if making a claim against a government entity, which may not apply here). As Mr. Olster pointed out, you can file suit even before you know exactly who the defendants are--the important thing is getting it filed before the statute runs.

You have the right to change attorneys any time, so you may want to at least consult with another one about this case.

Re: slip and fall accident

Like everyone stated, the lawsuit shall be filed within 1 year from the date of loss. You've got a potentially very difficult, but also a very good case that many personal injury attorneys (including me) will be interested. So, give your lawyer one more chance to make it good with you. If he flunks the test, call me (323)782-0099 and I'll take a good care of you. Good luck.