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I fell in a pothole walking into a store. I am 38 weeks pregnant. I injured my ankle and fell on stomach. Should I make a claim?

Highland, IL |

I was walking into a store and tripped in a pothole that was decent size. I injured my ankle and busted up my knees and hands from trying to prevent injury to my stomach and baby. Should I make a negligence claim against the store?

Attorney Answers 9

Posted

You should absolutely consult with a Personal Injury lawyer if you sustained injuries. Consultation is free.

Clifford W. Horwitz
Horwitz, Horwitz & Associates
25 E. Washington St. Chicago, IL
312-372-8822
Horwitzlaw.com

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13 lawyers agree

Posted

Rather than handle this yourself, I would suggest consulting with a personal injury attorney. Asking the wrong question, or saying the wrong thing could compromise your case. The Find a Lawyer tab at the top of the page will let you search by practice area and location.

By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

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Posted

Yes, you should, if only to make sure your medical bills are paid. You will also need to prove a defect (that's the pothole) and notice, that is where a personal injury lawyer will come in handy

This is general advice and does not establish an attorney-client relationship.

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Posted

As the others have said, definitely get a lawyer, as premises liability cases are the toughest to prove and you have the additional issue of a potentially complicated pregnancy or birth. Either way, get a lawyer.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

First, and most important of all take care of your health right now and worry about claims later. Let's hope that the baby is o.k. You may be able to make a claim against the store or the landowner. I suggest that once your pregnancy is over, you contact a local attorney asap. In the meantime, if possible, have someone take photographs of the pothole and also of you if there are any scrapes or bruises. My thoughts are with you and your family at this time and that you have an uneventful blessed event.

Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

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Posted

You should make sure that the store filed a report of the incident, take pictures of the pothole and consult with an attorney about a claim.

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9 lawyers agree

Posted

Consult a local attorney ASAP - most offer free initial consultations. If photos have not been taken try to do so. If not the attorney will need to have photos & measurements taken immediately. Hope your are O.K. Best wishes

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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8 lawyers agree

Posted

You should certainly have a local personal injury lawyer in your state investigate.

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10 lawyers agree

Posted

As the other attorneys have advised, see a personal injury attorney, and get evaluated immediately by your OB/GYN to check on your baby.

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6 lawyers agree

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