Legal Question in Personal Injury in California
about 05-2018 my landlord asked me to fix front steps on my place. She has 4 rentals and i take care of them and live in one of them. I was in the garage cutting wood with a chop saw when a renter came in.When she came in i looked up and the saw sucked the wood along with my hand. I went through 1 3/4 of my bones almost cutting it off. She asked me to wait to see if therapy could fix it but they couldnt. I can not open or close my hand all the way. Now she just happened to pass away about a month ago. Is it to late now she has passed to file a claim?
2 Answers from Attorneys
No, you can still go forward. Let me know if you have other questions. 888-9ENFORCER or 888-936-3672.
You should consult with a Workmans Comp attorney local to you to see if this could be considered an 'employee' injury 'on the job' and timely filed as a Workmans Comp claim.
A personal injury suit in Superior Court would require evidence and proof that her conduct, conditions or equipment somehow was to blame and is substantially legally responsible for this injury, rather than simply your inattention, mistake, negligence, etc., as they would likely claim in defense against you. You would have to file against her estate, now that she is deceased. You probably have no more than 2 years to file such case, from the time of injury.