Slip and Fall in Store

[PopRock]

What is the name of your state (only U.S. law)? California

I was walking through a store and a pipe was sticking up on the side of an aisle, of which I tripped over and all my weight came down on my elbow and I suffered an abrasion sprain. Apparently, the store was working on some type of piping, but there was NO orange flag or sign warning of the exposed pipe. Apparently the worker forgot to mark the exposed location and or secure it while the work is being preformed.

I made a report with the store manager and went to the emergency room at the nearby hospital, because I was in a great deal of pain. I saw an orthopedic who gave me a cortisone shot. And for a time, it seemed like the pain subsided, until a year later when the cortisone wore off (which apparently it does). I go back to my doctor and they have me do physical therapy, but to no avail. Then my doctor send me back to a different orthopedic doctor who gives me a cortisone shot in my elbow again. Although, my elbow still feels in pain. I am now requesting my doctor to put to be seen to get a MRI done.

Okay, so the statutes of limitations in California is 2 years and the deadline is about 1 month away. I have tried to seek legal counsel, but as everyone knows, slip and fall cases are tough cases, not to mention, not very profitable. Many lawyers do not want to take on the case, because the bills only amount to around $5,000 (currently). The orthopedic doctor said that maybe surgery may be in order, if the cortisone shots don't take.

I have a insurance claim, but the insurance has informed me that their insured does not have the typical insurance that covers the party regardless who is at fault (which is a bull**** answer). Never the less, it seems like I am on my own in regards to fighting this. I have gathered all my bills and in the process of gathering all the doctor's notes, so I can submit them to the insurance. I have a friend (who is a claim adjuster for a different insurance company) who has informed me that I may have to file suite, in order to "preserve the claim."

What should I do? Should I try and work with the insurance to settle before the deadline or should I just assume that I need to file a civil suit for a claim over $7,500. Should I just upfront the cost and hire a lawyer? What is my best course of action?

 

[Willlyjo]

What is the name of your state (only U.S. law)? California

I was walking through a store and a pipe was sticking up on the side of an aisle, of which I tripped over and all my weight came down on my elbow and I suffered an abrasion sprain. Apparently, the store was working on some type of piping, but there was NO orange flag or sign warning of the exposed pipe. Apparently the worker forgot to mark the exposed location and or secure it while the work is being preformed.

I made a report with the store manager and went to the emergency room at the nearby hospital, because I was in a great deal of pain. I saw an orthopedic who gave me a cortisone shot. And for a time, it seemed like the pain subsided, until a year later when the cortisone wore off (which apparently it does). I go back to my doctor and they have me do physical therapy, but to no avail. Then my doctor send me back to a different orthopedic doctor who gives me a cortisone shot in my elbow again. Although, my elbow still feels in pain. I am now requesting my doctor to put to be seen to get a MRI done.

Okay, so the statutes of limitations in California is 2 years and the deadline is about 1 month away. I have tried to seek legal counsel, but as everyone knows, slip and fall cases are tough cases, not to mention, not very profitable. Many lawyers do not want to take on the case, because the bills only amount to around $5,000 (currently). The orthopedic doctor said that maybe surgery may be in order, if the cortisone shots don't take.

I have a insurance claim, but the insurance has informed me that their insured does not have the typical insurance that covers the party regardless who is at fault (which is a bull**** answer). Never the less, it seems like I am on my own in regards to fighting this. I have gathered all my bills and in the process of gathering all the doctor's notes, so I can submit them to the insurance. I have a friend (who is a claim adjuster for a different insurance company) who has informed me that I may have to file suite, in order to "preserve the claim."

What should I do? Should I try and work with the insurance to settle before the deadline or should I just assume that I need to file a civil suit for a claim over $7,500. Should I just upfront the cost and hire a lawyer? What is my best course of action?

Since your doctor bills amount to approximately 5k, maybe you should try small claims court. In California, you can sue for 10k in small claims. If you believe your elbow injury is much more severe requiring an operation, your only recourse is to file suit in Superior Court and see if you can negotiate a settlement before you have to serve the papers, otherwise, you'll have to maintain such suit by yourself, since no Attorney seems to want to take your case.

 

[Mass_Shyster]

Many lawyers do not want to take on the case, because the bills only amount to around $5,000 (currently).

Keep looking. There is a glut of lawyers, and many of them are hungry for work. You just need to find one.

 

[You Are Guilty]

I got injury once last year by slipping from the stairs and fallen very badly my hip was injured and stage was came for final operation bones fractured took at least six month complete bed rest in order to get soon properly and sever medicen was taken to cure the infected wound so my direction never haste because haste makes waste.

I hope you had a head CT in addition to the hip x-ray, sounds like there may be permanent damage.

 

[ChopChop]

Well, unfortunately, I am still going through treatment and under the statutes in the State of California, I have 2 years to file a claim. My medical bills could run another $5K - $10K if I have an operation or a serious of operations (I really hope not). I personally do not want to have any operations! I just want to get better and have an elbow/arm that is able to do more. I have been limited over the past two years and with pain. If this store's negligence is at fault, I most certainty want a recourse of action if I have permanent damage. Unfortunately, no surgery will be done by the time the claim expires, which means I settle for future medical...is that right?

 

[Willlyjo]

Well, unfortunately, I am still going through treatment and under the statutes in the State of California, I have 2 years to file a claim. My medical bills could run another $5K - $10K if I have an operation or a serious of operations (I really hope not). I personally do not want to have any operations! I just want to get better and have an elbow/arm that is able to do more. I have been limited over the past two years and with pain. If this store's negligence is at fault, I most certainty want a recourse of action if I have permanent damage. Unfortunately, no surgery will be done by the time the claim expires, which means I settle for future medical...is that right?

Are you and Poprock the same person? If so, then for your information, if the 2 year statute expires before you file a claim via the Courts, you are totally out of luck. You should take whatever documentation you have of your injury and treatments to an Attorney who may be able to help you or you should draft and file a Complaint against the business where you had your slip and fall before the statute elapses.

 

[ecmst12]

The longer you wait to get an attorney, the harder it will be to find one. You don't want to wait until the last minute.

 

[KennethAWilhelm]

These are all foreseeable and preventable conditions and the person who owns or is responsible for the upkeep of the property could be liable. All property owners and operators have the legal duty to protect all who use their property from foreseeable risk. They also have an obligation to warn people using their property of hazards and risks, so that injury might be avoided. If someone slips and falls on premises that are owned or maintained by someone else, then there may be grounds to file for compensation for any injuries sustained as a result of that slip and fall accident. Any dangerous conditions or negligence on behalf of the owner of the property can result in the owner being legally responsible for any harm caused due to those conditions or to negligence.
You should seek legal assistance, as an experienced slip and fall accident attorney that has dealt with a number of premises liability cases in the past should be able to help you get compensation. These lawyers will aim to get you compensated for any medical expenses that were incurred as a result of your slip and fall accident, harm or injury, pain and suffering, and where applicable loss of earnings. In some cases, an expert witness may be required to testify in order to lend weight to your case, and an experienced lawyer in this field will have the links and resources to ensure that a suitable expert can be located.

 

[quincy]

These are all foreseeable and preventable conditions and the person who owns or is responsible for the upkeep of the property could be liable. All property owners and operators have the legal duty to protect all who use their property from foreseeable risk. They also have an obligation to warn people using their property of hazards and risks, so that injury might be avoided. If someone slips and falls on premises that are owned or maintained by someone else, then there may be grounds to file for compensation for any injuries sustained as a result of that slip and fall accident. Any dangerous conditions or negligence on behalf of the owner of the property can result in the owner being legally responsible for any harm caused due to those conditions or to negligence.
You should seek immediate legal assistance, as an experienced slip and fall accident attorney that has dealt with a number of premises liability cases in the past should be able to help you get compensation. These lawyers will aim to get you compensated for any medical expenses that were incurred as a result of your slip and fall accident, harm or injury, pain and suffering, and where applicable loss of earnings. In some cases, an expert witness may be required to testify in order to lend weight to your case, and an experienced lawyer in this field will have the links and resources to ensure that a suitable expert can be located.

Your advice, Kenneth, is for PopRock to "seek immediate legal assistance." Don't you think this advice might have been better one month ago, when PopRock posted the question?

"Immediate" has now sort of come and gone.

I know you have been advised in all 3 of your other posts to this forum that reading is important. The reading should include the dates of the threads.