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South Florida Injury Attorney – Expert Answer: Ankle Injury Claim Question

March 18, 2010

The following is an expert answer given by South Florida Injury Attorney, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:
I injured my ankle back in December 2007 while I was working. I was providing mental health therapy and injured my ankle while playing soccer with my client and mother in their frontyard. I was a healthy person before the injury.Work compensation was involved and I settled with them for $4,000 only because they said I was not a handicapped and I could drive to the settlement office. I put in a claim for personal injury in October, 2008 since I thought I was going to recover before that, but did not. I have seen 9 doctors and finally got surgery (arthroscopy). I can walk and stand longer but I can’t drive now. I used my left foot for 2 years using a left accelerator but now the left knee is hurting bad. Since I can’t drive with either leg, I was even thinking to use a hand control. At this point the lawyer has spoken with the adjuster and I believed they sent the demand on 10/20/09. The adjuster needs some record and then she will analyze the whole package. My concern is if the demand was actually sent in time since there is a statue of limitations here in Florida. I heard it is 2 years for slip and fall cases. Do you have to go to court with the demand in that timeframe or is that the time in which you submit it to the adjuster? Can you also tell me if getting the total policy can be a reality since it took 1 year and 2 months to recover but I did not recover 100%, then I went through surgery, 3 physycal therapies, had a significant emotional impact and the losses including loss of wages, second opinions and all the medical was $24.000.

Answer:

The statute of limitations in Florida for slip and fall claims is four years.  That means that within 4 years of the accident occurring, a lawsuit must be filed in court.

As for the value of your claim, that question is best answered by your lawyer.  Even though I am a South Florida injury attorney, not all cases are the same. The value of your claim is going to be based upon the severity of your injury, the amount of your medical bills – which includes whatever you have incurred to date, as well as any amount you may have to spend in the future, lost wages or loss of your ability to earn income in the future, and pain and suffering – both past and future.

In order for your lawyer to make the best recovery for you, you should sit down with him/her and discuss these types of damages, whether they may apply to your case, and try to quantify the amount for purposes of a settlement demand to the insurance company, and if the case does not settle before a lawsuit, an amount you can ask a jury for.

To speak with a South Florida injury attorney, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at http://www.mauslawfirm.com, or email him today.

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