Can i file a claim in i if not seen by medical dr?? after incident? ;

Asked over 1 year ago - Los Angeles, CA

Slip & fall incident at near retail pharmacy stre , due to a flimsy entry mat posted at center of entry. Causing a bruise on left leg and ripped muscle in the left arm, Day of incident i wasnt hurting much. LOGICAL, by nte time swelling on leg occured causing bruise for some days. I took photos and called HQ of store , they took little info and claimed store mgr would call back. I was called asked brief info and stating witness filed a statement as well. 1 month and no call have been made by them since. I have seekd an attorney he stated that case wouldnt have merit since i didnt see dr at time of incident???? Cani get help PLS... North hollywood CA

Attorney answers (11)

  1. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . Yes, may still pursue a claim. However, 1+ month post-incident and no treatment. Strongly suggests your injury has resolved. Contact a local and qualified attorney today. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. George Costas Andriotis

    Contributor Level 20

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    Answered . You can still bring the claim though there are some glaring issues. Consult an attorney to investigate and advise you.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Ryan M. Finn

    Pro

    Contributor Level 13

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    Answered . I agree with the other attorneys that responded. I would add that, since you put the store on notice and took pictures of your injuries, then at least you documented the occurrence, and, assuming you can get a doctor to causally relate your injuries to the occurrence, the case may have some value. Best of luck.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker... more
  4. Marc Lazarus

    Contributor Level 14

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    Answered . You have the right to proceed with an action; however, because your injuries are limited to a bruise and you have never seen a doctor for your injuries, the amount of any recovery against the responsible store owner and/or occupier could easily be exceeded by the costs of pursuing such an action. You need to examine your liability and damages issues further with an attorney. You should talk to another attorney to discuss your case further.

    Marc Lazarus
    www.russellandlazarus.com

  5. Neil James Fraser

    Contributor Level 15

    10

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    Answered . Although you can still bring a claim, the fact you have not sought treatment will likely negate your chances of recovery, given that slip and fall cases inherently carry liability issues regarding notice and such like anyway in California. I would not accept such a case based upon what you write.

  6. Robert Andrew Michael Burns

    Contributor Level 17

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    Best Answer
    chosen by asker

    Answered . It appears that you were seen by a medical doctor (hence the diagnosis of "ripped muscle in the left arm") albeit some time after the incident. The diagnosis need not be made immediately after the incident but with lapse of time intervening you likely have greater difficulty establishing the incident as the cause of your claimed injuries. You can sue in Small Claims Court for up to $10,000 if you cannot settle it without a suit.

  7. Paul J Molinaro

    Pro

    Contributor Level 17

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    Answered . When personal attorneys, at least this one anyway, contemplate what makes for a good case.... seeing a doctor for treatment sooner rather than later is one thing on the list. Another item on the list is an injury beyond just soft tissue swelling. Broken bones, lacerated tendons, obviously displaced discs, etc. Those are things that one can exhibit with a film blown up on the big screen to show in Court. As one can imagine, a plaintiff telling a jury he or she is in pain, is just not as convincing as a picture of two bones that should be one.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  8. Sagi Shaked

    Pro

    Contributor Level 13

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    Answered . Without being injured no personal injury attorney would take the case as that is a necessary element of every injury case. If you didn't seek treatment, you can't be too injured. The attorney you consulted is right.

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . You can still seek medical treatment for this injury, and you can find a lawyer on Avvo who will take your case. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  10. Richard Andrew Harting

    Pro

    Contributor Level 18

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    Answered . The delay in care can be an issue on damages. However, self treatment at home is a viable method of treatment. Thereafter, you realize you are not getting better and this must be more serious of an injury then you initially thought and therefor sought out a medical professional. Very plausible, but it does give the defense something to talk about. Consult with other attorneys in your area and you always have small claims as an option if you cannot resolve this matter with the store.

  11. Manuel Alzamora Juarez

    Contributor Level 20

    2

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    Answered . You have received great advice from my colleagues. Document your injuries and keep searching for an attorney in your area. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492.... more

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