need some advice...

What is the name of your state?Pittsburgh PA.. I recently was involved in a
fall at a stores premises. I fell due to a crack in the pavement leading to the
front door, there was no warning of the crack. I sustained an injury to the
right side of my head right above the eye, requiring 5 stitches, my right eye
is black and blue, and swollen, and my right hand is swollen, as I raised it up
in front of my face to try and stop my head from hitting the cement.
I was taken to the emergency room by paramedics.
What I would like to know is if I have any kind of a case for pain and suffering and also for lost wages and hospital expenses.

Attorneys love "slip and fall" cases. Go see one. It's worth a few bucks to you.
Hurry up and take pictures (in brilliant color) before you are all healed.

how much of a crack? what was the height difference? was the crack on private or public property?

and adding to Stephen's post, how much tequilla had you consumed?

need help

the crack was on the stores property... it was 9:30a.m. and I was on my
way to work so I had no tequila...

Read Stephen's post again...and answer each question.

stephenk said:

how much of a crack? what was the height difference? was the crack on private or public property?

Click to expand...

My response:

Stephen, I know where you're headed. "A drunk man is as much entitled to a good sidewalk as a sober one, and much more in need of it." - - the half inch minimum separation for liability.

Pennsylvania doesn't work like California.

IAAL

IAAL, i was just trying to get a clear picture of the scene and how she fell. slip and fall accidents are the hardest to win because of notice issues, open and obvious issues, etc.

need help/ Stephen K

stephen k..... the crack was a foot and a half long and my foot got caught
in a hole that was inside the crack.... The owner of the store knew about
the crack but there were no signs posted alerting patrons of the crack.
I have been trying to contact the stores insurance company for a copy of
the accident report that supposedly was filled out and sent to them.
I would like to know should I try and settle with the insurance company if
and when they finally make a settlement offer, or should I still go through
an attorney.... Any advice you can give me would greatly be appreciated.

You want to maximize your potential settlement. The insurance company wants to minimize it. The insurance company has tables and formulas to consider what the case is worth to them. They also probably have a "nuisance settlement" they are willing to offer just to make you go away. When I first started practicing law in the civilian sector, I worked as an associate, billing 2000+ hours a year, in a firm handling slips and falls, among other things, for a large national retailer. They had a initial settlement they offered in any case just to get the case to go away and not incur the legal bills that a lawsuit was sure to generate.

Understanding all that, there are, as has been suggested, legal issues with slip and fall cases. How wide was this crack? If it too small, there is a de minimis hazard rule in most states that preclude recovery. If it is too big, courts say the hazard is "open and obvious," and the store owner has no duty to warn you of the hazard or repair the hazard because the hazard, in and of itself, serves as the notice.

Its like the three bears, you need the sidewalk crack to be "just right." A picture is worth a thousand words, and I'd advise taking some pictures of the crack before the store gets wise and employs some subsequent remedial measures and fixes it.

If the store owner had actual prior notice of the crack and its propensity to cause injuries to customers, e.g. someone was injured before you due to the crack, and the store didn't fix the crack, even if it is big/small/whatever, that presents a different case.

As has been suggested, I'd go see an attorney. I'd be careful of anyone who doesn't understand, and point out to you, the legal issues that I've and others have raised above (de minimis exception, open and obvious, prior notice of dangerous condition). There were plently of attorneys in case after case, who set their clients up for summary judgment and no recovery, because they didn't evaluate the case as I think they should have.