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
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.
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.
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.
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.
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 J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
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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.
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