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

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. Best answer

    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.


  2. 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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. 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.


  4. 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 Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


  5. 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.


  6. 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.


  7. 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


  8. 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 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.


  9. 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. 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. 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. Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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