Legal Question in Personal Injury in California

My wife fell over a scale at a vets office. The scale was low to the ground and because she was carrying her father's dog, she was unable to see it. The employees offered no assistance in carrying the dog. Anyhow, she fell and injured her foot. We took her to the Emergency room. They said it could be a broken foot or a bad sprain. They could not tell from the X-Ray. Her Orthopedist said he could do an MRI to find out if the foot is broken or sprained, but the treatment would be the same for a break and a sprain (Immobilize it, Rest, Ice, so on). The vet's insurance company called today and wanted to know the prognosis, which I told them (Immobilize for 3 to 4 weeks, then if she is still in pain, MRI and possibly more). They wondered if we were going to pursue a personal Injury claim. I told them we don't know yet. We need to see how things develope. How long do I have to file a personal injury claim? What should we expect? We won't sign anything until we know more about what we need to do.

Thanks


Asked on 6/09/10, 1:17 pm

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You have two years from the date of the injury to file a personal injury lawsuit. You only have to file a claim is the defendant is a governmental agency [then you must file a claim within 180 days]. You are correct to wait to see what happens before discussing any type of settlement. Actually, a broken bone can be less trouble than a sprain, as based upon the person's age breaks heal within 4-6 weeks, but sprains can sometimes last longer because of a lack of rest to the injured tissue and ligaments.

Read more
Answered on 6/09/10, 4:46 pm
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

Mr.Shers is correct.The nature of the injury will dictate the value of the claim.If it is an avulsion fracture of one of the metatarsals the recuperating period is about 6 months total before full activity can be resumed.If it is a sprain then the ankle will be more susceptible to additional injury due to stretching and or tearing of the supporting ligaments and tendons.Make sure proper diagnosis and treatment is accomplished because underneath the legal issues lies an injury to the most complex orthopedic structure in the body.Do not agree to any settlement until your wife has healed.

Read more
Answered on 6/09/10, 5:04 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My law firm handles slip and fall / trip and fall cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.

Read more
Answered on 6/09/10, 10:31 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California