Is there a statute of limitations if I fell on someone's property?
Question Details: We were in the process of buying a house and during the inspection, I fell on the steps that the homeowners did not shovel or de-ice, even though they knew we were going to be coming. We have since bought the house and it has been 4 months now and I may need surgery on my hand. Is it possible to sue the previous owners for negligence?
There is a three year statute of limitations in WA for filing a lawsuit in a personal injury case. This means the lawsuit based on premises liability must be filed prior to the third anniversary of the date of the incident.
Prior to filing a lawsuit, it may be possible to settle the case with the seller's homeowners insurance company.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the seller's homeowners insurance should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the homeowners insurance, no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file the lawsuit against the seller based on premises liability discussed above.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.