I fell in a chain restaurant in July 2008 and broke my arm and elbow and banged up my knee. (I slipped on butter on the floor - manager pointed out the butter). Restaurant manager said they would pay all medical bills. Their insurance company agreed that they would pay but said I had to pay everything and would be reimbursed when I was ready to sign off on the claim. I need knee surgery and have continued problems with my elbow. Is there a time limitation on when I can get this settled with the restaurant chain?
Ethics / Professional Responsibility Lawyer
The statute of limitation for personal injury claims in Georgia is generally two years. OCGA section 9-3-33. Thus, unless an exception applies (e.g. Disability, minor, fraud, waiver), you may be time-barred.
The time limitation in Georgia for a slip and fall case is typically 2 years from the date of the injury. In your case, it would be two years from the date you fell in July 2008. That would put it in July 2010 and you are probably barred from bringing any lawsuit now unless some type of fraud is involved which would extend the statute of limitations or you were legally incapacitated and could not bring a lawsuit.
You would likely be barred under the two year personal injury lawsuit but you can try and make a fraud argument against either the insured (the restaurant) or the insurance company, or both, based on the restaurant's statement that they would reimburse you for all of your medical expenses. Also, you could try and bring a contract claim against the insurance company based on the restaurant's statement as well since they made a promise that you relied on to your detriment (by incurring medical expenses) based on their promise to pay. That may be a successful claim if you wanted to bring it and valuable as well due to the extent of your knee injury.
yes, I believe that you are prevented from suing for compensation. The statute of limitations is 2 years for your case. Unless there are facts that you haven't presented, you are barred. Now, if they said that they would settle and were specific in how they would do it, you may have an option of "enforcing the settlement." But this would be hard to priove without some evidence in writing.