Injured…. When Should You Sue?


Judy was shopping at her local supermarket and heard “Clean Up in Aisle 2” over the intercom.  As Judy headed down Aisle 2, she was impressed with how quickly the maintenance crew cleaned up the mess and surrounded the area with proper signage.  Judy continued through the store, hitting up the frozen foods section next.  Suddenly, Judy slipped on a puddle, causing her to lose her footing and hit the hard floor.  Judy bumped her head and hurt her shoulder, but got up quickly as she was embarrassed.  Judy, fortunately, had not received a concussion, but had severe shoulder pain.  Judy looked around for wet floor signs, but did not see any.  Judy could barely see the puddle of water, but noticed that it came from underneath an upright freezer full of ice cream.  When Judy talked to the store’s manager, he apologized and said that they were planning on fixing the freezer, but hadn’t got around to repairing the leak.  Judy asked him why there was no caution sign by the freezer; the manager had no good answer.  When Judy left the store, she realized her pain was worse than she initially thought.  Her doctor’s diagnosis found a small fracture in her shoulder.  Judy understands that accidents happen, but she would like to sue the store for her injuries.  How long should an
injured individual wait before they sue?

Before you sue for injuries involved in a personal injury accident, you should consult an attorney who specializes in personal injuries.  Your attorney will help you figure out some logistics of your case before you sue.  Many injured individuals assume that they can receive compensation for their injuries, loss of wages, or damage to their property, if they sue.  It’s important to know the difference between the injuries before you attempt to sue.  A civil wrong, called a tort, occurs when damage to property or a personal injury is caused by another person.  An unintentional tort occurs when the injury or damage was unintentional.

Once your lawyer has helped you figure out if your injury qualifies for you to sue for compensation, it is important to proceed carefully and make sure you are aware of what may happen during your case, but it’s also important to proceed in a timely fashion.  If you plan on suing an individual, you have a limited amount of time to do so; this is called statute of limitations.  According to Cornell University Law School, the Statute of Limitations is defined as the “legally prescribed time limit in which a lawsuit must be filed.”  Depending on your state law and the type of claim, the statute of limitation differs.  In many states, a personal injury lawsuit must be claimed within one year from the date of the injury.  Additionally, any claims based on a written contract must be filed in a court within four years from the date the contract was broken.

While you may be quick to sue, in the event of a personal injury accident, it is vital that you seek legal advice before you proceed.  With luck, you can settle out of court and receive compensation for financial, physical, and emotional pain that occurred with your injury.  Hire a personal injury lawyer and get what you’re owed quickly!

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