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?
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?