What is the name of your state? ALABAMA
In June, 2004, while walking to the car in the darkened parking lot of a department store, my then 11 year old daughter slipped on a very large pile of glass and fell, causing multiple injuries. Every time she tried to brace herself to get up, she slipped and fell again - it was like trying to gain her purchase on a bed of ice cubes.
She was bleeding severely, especially from her left knee which was all but completely torn open. The store employees helped me to get her into the bathroom. They did not offer to call an ambulance, nor did they offer any other assistance.
By the time I got my daughter out to the parking lot to the car, the store was already cleaning the glass up. The glass, in case it matters, was a windshield that had been broken out of another car, apparently in our absence.
I brought my daughter to the emergency room. The surgeon in attendance at the time had to use some sort of special stitching in order to piece the remaining skin on her knee back together. He also had to dig glass out of her legs, her feet, her elbow and her buttocks.
The store required me to sign an accident report, which I did. I called an attorney at the time and asked if there was anything that could be done. Our insurance covered most of the medical expenses, less our co-pay, but the doctor advised us that her knee would be pretty severely scarred.
The attorney told me at the time that it wasn't worth fighting - that nobody wins against this particular department store, they will drag it out over years and years, hoping to wear you down so that you'll quit.
I was very discouraged, and so did not pursue the matter. However, while cleaning out my files today, I found the photos of my daughter's injuries, and it just seems to me that the department store should pay for the plastic surgery her leg is going to require.
My daughter is a promising actress, a member of the International Thespian Society. Her plan was to go into modeling upon graduation, as a means to break into the industry, but with the scars on her knee, she will have far fewer opportunities. She will require expensive plastic surgery to fix the scars, and my insurance will not cover that.
My question -- did the attorney I spoke with at the time give me good advice? Is this a case worth pursuing, or should I just forget it, especially now that three years have passed - would the passage of time lessen my daughter's chance of winning a case?
I have a copy of the accident report and all of the photos of her injuries at the time of her first check up, which was about a week after the accident.
I'm not looking to win a million dollars - Ideally, I would just like for them to pay the cost of the plastic surgery plus legal expenses.
Thanks for any *helpful* (see: non-snarky) advice you can lend me.
In June, 2004, while walking to the car in the darkened parking lot of a department store, my then 11 year old daughter slipped on a very large pile of glass and fell, causing multiple injuries. Every time she tried to brace herself to get up, she slipped and fell again - it was like trying to gain her purchase on a bed of ice cubes.
She was bleeding severely, especially from her left knee which was all but completely torn open. The store employees helped me to get her into the bathroom. They did not offer to call an ambulance, nor did they offer any other assistance.
By the time I got my daughter out to the parking lot to the car, the store was already cleaning the glass up. The glass, in case it matters, was a windshield that had been broken out of another car, apparently in our absence.
I brought my daughter to the emergency room. The surgeon in attendance at the time had to use some sort of special stitching in order to piece the remaining skin on her knee back together. He also had to dig glass out of her legs, her feet, her elbow and her buttocks.
The store required me to sign an accident report, which I did. I called an attorney at the time and asked if there was anything that could be done. Our insurance covered most of the medical expenses, less our co-pay, but the doctor advised us that her knee would be pretty severely scarred.
The attorney told me at the time that it wasn't worth fighting - that nobody wins against this particular department store, they will drag it out over years and years, hoping to wear you down so that you'll quit.
I was very discouraged, and so did not pursue the matter. However, while cleaning out my files today, I found the photos of my daughter's injuries, and it just seems to me that the department store should pay for the plastic surgery her leg is going to require.
My daughter is a promising actress, a member of the International Thespian Society. Her plan was to go into modeling upon graduation, as a means to break into the industry, but with the scars on her knee, she will have far fewer opportunities. She will require expensive plastic surgery to fix the scars, and my insurance will not cover that.
My question -- did the attorney I spoke with at the time give me good advice? Is this a case worth pursuing, or should I just forget it, especially now that three years have passed - would the passage of time lessen my daughter's chance of winning a case?
I have a copy of the accident report and all of the photos of her injuries at the time of her first check up, which was about a week after the accident.
I'm not looking to win a million dollars - Ideally, I would just like for them to pay the cost of the plastic surgery plus legal expenses.
Thanks for any *helpful* (see: non-snarky) advice you can lend me.
If someone can find a tolling statute, we can reevaluate, at least as far as the SOL issue goes.