How long after an accident do you have to sue?

Asked over 2 years ago - Brookville, PA

Back in the beginning of Dec. I was tripped by a repair man who was laying on the floor. After two months they finally did an MRI and found i had a large tear in my rotor cup. I have had surgery on it and am healing but not sure that my other shoulder is not tore as well.I am currently on workmans comp and they have paid for the surgery but wonder if I have a claim for pain and suffering and expenses in travel and such. Would like to know if i can still sue and for what amount? And if my other shoulder is torn as well how much for that?

Attorney answers (4)

  1. Joyce J. Sweinberg


    Contributor Level 16


    Lawyers agree

    Answered . Whether you have a claim for a third party action will depend upon whether the repairman was a co-employee or not, and wheher or not you were partially at fault for the incident. In wc claims, your fault is irrelevant, but in the third party action, it will be considered and can affect the value of the case. Also, if you do have a third party action, you need to know that the wc carrier will have a subrogation claim for the medical expenses it has paid on your behalf, which means that some of the money you recover in such an action would be reimbursed to the wc carrier. As to your injuries, you will need a medical expert to make the connection for you. You need to have an attorney review all of the facts of your case to answer your questions, someone who knows wc and pi and the interaction between the two. You would have two years from the date of the accident to file the third party claim. Best of luck to you.

    I will evaluate your case for free. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.... more
  2. Harold Semanoff


    Contributor Level 14

    Answered . In general there is a 2 Year Statute of Limitations to sue for injuries in PA.
    The two years will begin to run from the date you were tripped.

    Consult with an attorney specializing in personal injury in your area.

  3. Angel Mae T Webby Esq.

    Contributor Level 10

    Answered . I am sorry that your are going through this. In Pennsylvania, generally, you are not permitted to sue your employer, except for a few exceptions. However, if there is another party at fault other than your employer than an investigation into any potential claim is warranted. The workers compensation carrier will assert a lien against any monies recovered from a third party action pursuant to law.

    With regard to the time you have to file an action, in Pennsylvania, generally you have two years from when you knew or had reason to know that you were harmed and it was a result of negligence. However, if the at fault third party is a governmental entity than you must put them on notice much sooner.

    It is in your best interes to contact an experienced personal injury attorney to discuss this issue with.

    Angel Mae Webby-Zola
    Zola Law Offices

    Disclaimer: The above answer does not provide legal advice and instead provides general information. An attorney-client relationship has not been formed as a result of posting a question and/or replying to such post.

  4. Eddie David Friedman

    Contributor Level 5


    Lawyer agrees

    Answered . I wish you a full and speedy recovery from your injuries.

    Although the internet generally and Avvo in particular, offer many benefits and convenience, such as anonymity and immediacy, for situations involving the terrible level of injury that you have suffered, there is, IMO, no substitute for an in-person, or at least, over the phone, consultation with an experienced personal injury lawyer. You may have claims above and beyond Workers Compensation. This determination requires careful analysis and potentially further investigation of the circumstances of the incident.

    With respect to the dollar value of your claim(s), the "how much for that," this too may require a very, very careful and nuanced examination, calling for the "give and take," of an attorney-client" consultation. For example, what is your shoulder history? How extensive is the surgery? (Artheroscopic or full incision?) What is the post-surgery course of treatment? (physical therapy? If so, how often and for how long?) What is the extent of your recovery, range of motion restored, etc. What type of work do you do and are educated or trained to do? How much, if at all, does your shoulder injury impact your ability to continue working?
    etc., etc., etc.,

    I hope this works out well for you !

    Eddie Friedman

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