Can I get all my medical costs paid by property owner in a trip and fall injury due to a broken handicap pole on the property?

Asked over 1 year ago - San Jose, CA

I tripped over a handicap pole which was broken off from the hole in the sidewalk and obstructed by a car next to my dentist office. Some of the broken metal is rusted and still exposed.The pole was obstructed by parked cars. Both my hands/wrists were injured as well as abrasions on my face. It's over 3 months now but my hands are not getting better. I'm laid off & need medical attention. Bills visit to the emergency room are piling up and I pay a little at a time. I'd like to see a doctor or physical therapist to get my hands/wrists completely healed. I missed saying good bye to my younger brother because of the pain in my hands and not being able to drive that day. Allied Ins. says they only cover $1000 of medical costs and I can sue the owner of the property 4 rest.

Attorney answers (7)

  1. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    15

    Lawyers agree

    Answered . I would contact a local personal injury attorney - they can tell you what they think your case is worth.

    You can find an attorney on AVVO.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  2. Adrienne Patricia Allen

    Contributor Level 15

    13

    Lawyers agree

    Answered . The $1000 is called premises medical payments (or med pay) and they will pay you that regardless of proof of negligence or fault. You should submit bills directly to Allied up to the $1000 limit. Then you need to file a claim against the property owner (I assume this is Allied's insured) for the rest of your case value. We do not know the case value yet since you have not completed treatment. I am afraid you may not have been properly diagnosed yet and perhaps you can use the $1000 to get more treatment or see an attorney who can help you get treatment on a lien (where they wait to be paid from the settlement.) The others are correct, you do need a personal injury attorney to help you determine if you have a case (from a liability standpoint) and what your damages are. Good luck!

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. Malosack Berjis

    Contributor Level 20

    12

    Lawyers agree

    Answered . Quite honestly, it depends on further evaluation of the facts. So, as Mr. LaBore has already stated, you should consult with a local personal injury attorney (and, do it sooner than later). Best of luck to you.

  4. Constantine D. Buzunis

    Contributor Level 17

    11

    Lawyers agree

    Answered . You can try and contact the property owner and make a claim for your medical bills and other damages, but the better course of action is to consult with an experienced personal injury attorney that handles premises liability cases and get an opinion on whether the alleged defect that caused the accident is enough to prevail against the potential defendent(s)? If there is a dangerous condition of the property, and you can prove either actual or constructive notice, then you may have a good case for all your damages, past and future medical bills, loss of earnings and earning capacity, pain and suffering and mileage to and from medical providers, etc. Good Luck.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  5. Steven Mark Sweat

    Contributor Level 19

    8

    Lawyers agree

    Answered . Take pictures of the pole and the area surrounding it (if you haven't done so already) and consult further with an attorney and show them the photos. The standard for holding the property owner responsible for your injuries will be whether the pole created a dangerous condition for which the property owner knew or should have known. From your description of the pole as being "rusted", this sounds like it may have existed long enough to argue that the property owner was negligent in not repairing or warning about the condition. Don't delay further, though, in consulting an attorney as this may hurt the case.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  6. Bradford Charles Brereton

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . Those are all good answers from the attorneys above. Do not delay in retaining an attorney. The law only allows a limited time in which to bring suit. You can call for free consultation if you have not already retained an attorney.

    Brad C. Brereton
    (831)429-6391

    In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Make sure you take pictures of the pole, and retain a personal injury lawyer to investigate.

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