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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

  1. 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

  2. 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.

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  3. 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.

  4. 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

    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.

  5. 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 (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.

  6. 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.

  7. 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.

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

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