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Do I have a case? And I would like to know if I could recieve pain n suffering\paid medical bills?

Charleston, SC |

I had a slip and fall.In October 2009 at a major company (Tire Kingdom).My car was being serviced at the time.I fell through a faulty chair,which the employee's knew off,but not the customers.As a result I obstained xtreme back\leg pain.Immediately went to doctor and recieved meds and xrays.I proceed back to wrk as instructd.Unfort antely lost days from wrk,in da process of doctor apptmentr I lost my job.

Attorney Answers 4


  1. Best answer

    I am a personal injury attorney in the state of Washington. However, the following general statements would likely be applicable in your state. I tell potential clients who are learning about the personal injury claims process like yourself that there are basically two parts of the case: 1)Liability or legal wrongdoing (aka negligence) and 2) Damages - which include special itemized damages such as medical bills and lost wages and general damages which are pain and suffering and loss of enjoyment of life.

    If the workers knew the chair was unsafe and allowed the chair to remain where a business patron could sit on it, they certainly breached a duty to you. The employer company will be responsible for the actions of their employees through the doctrine of respondeat superior. You should contact a personal injury attorney immediately to help you secure the information to document the wrong-doing.
    The best way to prove damages is with medical evidence. A clear medical provider directed path of treatment should be documented and closely complied with. Your attorney will want to discuss the specifics of this with you immediately. A delay in treatment could pose a problem with your case and thus should be avoided if at all possible. Document on-going out of pocket expenses such as medical bills, lost hours from work, pharmacy prescriptions etc.


  2. Without any delay you should really retain a personal injury attorney. The reason is that personal injury attorneys almost always give a free consultation. The insurance industry’s own statistics indicate that the value of a claim as much as doubles after an attorney becomes involved. So, the attorney will earn his or her fee. You also want someone who has handled cases like yours before so that you do not miss anything important in putting the case forward.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.


  3. Without any delay you should really retain a personal injury attorney. The reason is that personal injury attorneys almost always give a free consultation. The insurance industry’s own statistics indicate that the value of a claim as much as doubles after an attorney becomes involved. So, the attorney will earn his or her fee. You also want someone who has handled cases like yours before so that you do not miss anything important in putting the case forward.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.


  4. Under SC law you are considered to be an "invitee" of the business owner and you are owed a duty to remove or warn of any known dangerous conditions which are not obvious to the "invitee". Based upon your facts, you would be entitled to recover all reasonable medical bills which were causally related to the accident. You may also recover for physical pain and suffering, emotional distress, temporary and permanent disability, loss of enjoyment of life, inconvenience, and any loss of income or diminution of income earning capacity causally related to the accident.

    If it can be shown that the actions of the business owner were grossly negligent or reckless (intentionally negligently ignored with the knowledge and disregard for the type of injury that resuled), then they may also be liable for punitive damages in addition to the compensatory damages outlined above.

    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

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