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I had a slip & fall in Ruby's restaurant 4/5/11. I have been gathering bills from treatments. I think I need an attorney.

Huntington Beach, CA |

Ruby's has a 'risk assessment group' that handles this. They told me they could not settle until my treatments were done. I just had a cervical spine injection to the medial nerve branch on 9/26/12 in hopes it will stop the ongoing pain, so, at this point I am not in as much pain.
I realize I have a limited time to file a suit of some sort.
There was extreme negligence as I slipped on a considerable amount of spilled shake that was under my table and had been neglected to be noticed or cleaned up by: the waitress, the bus person and the floor manager.
I have been afraid to get an attorney but now I am afraid to NOT have an attorney; I do not know who to trust, except that I cannot trust the risk assessment group of Ruby's.
Please help, I've been charging my medical bills.

It seems obvious, but should I get an attorney that is close to home? I can't be leaving work often to go to an attorney's office to take care of business; The attorney that sounds the best in the 'answers' says that he is a San Diego Personal Injury Lawyer. Does that mean it would end up running up more bills if the attorney is out of my county of residence and of the slip and fall incident? I just want to make the right decision for my attorney and these things may factor in.

Attorney Answers 6


  1. Best answer

    I'm so sorry to hear about your accident and subsequent injury. You are correct in that you have a limited time to file a lawsuit. Ruby's has attorneys working hard to protect its interest and so should you. We handle many slip and fall cases and have been successful against many major corporations including Home Depot, Westfield Mall and BJs Restaurant, to name a few. It would be a pleasure to speak with you about your case. We have an office close to your Huntington Beach. Feel free to call me at your convenience for a free consultation. 1.877.722.8074 ext. 1 or 1.800.405.1070 ext. 1. We are available 24/7. Thanks and best of luck.

    This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.


  2. It sounds like you could probably use the help of an attorney. In short, it is always recommended that you not agree to any settlement until you are done treating. This is to protect your interests and make sure that the settlement covers your full damages. If you settled today, whatever they paid would be all you would ever get. If you end up needing further injections or more invasive treatment in a month or more, you would not be able to request more from Ruby's.

    As for the time frame, you will have 2 years from the date of the accident in which to file a lawsuit. So you have a few more months, but I wouldn't recommend waiting to retain counsel if that is going to be your plan.

    An experienced trial attorney will cost you nothing up front and payment is determined by a percentage of the recovery. I recommend you seek a free consultation as soon as possible where you can provide more details about your injuries, treatment and other consequences of this incident.

    I would be happy to speak with you at your convenience. Our office can be reached at 858-481-5454.

    Good luck!

    This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.


  3. I understand how difficult it can be dealing with third party risk assessment handlers for big companies like Ruby's. Ruby's has a legal responsibility to make it's floor safe to walk on and the negligence of their staff can make Ruby's liable. You have two years from the date of your injury to file a lawsuit, although its possible to settle the case prior to filing a lawsuit.

    My office is in Newport Beach. If you would like a no obligation free consultation, please contact my office at 714-987-2671 or by email at scott@scotthugheslaw.com.


  4. Yes. You need an attorney. Luckily, the statute of limitations in California for a personal injury claim is two years from the date of the accident. This means that you need to have filed a lawsuit within that timeframe. However, you should retain an attorney much sooner. These claims require immediate attention to preserve certain evidence and an attorney can be a necessary buffer between you and the "risk management" representatives, who are trained to try to get you to do and say things which can hurt your case later. A good personal injury attorney can also coordinate with the medical providers to determine the full extent of your damages and present the claim in a way that maximizes your recovery.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  5. I agree with my colleagues. You need an attorney to properly assess the situation and help you get compensated. My law office routinely handles these types of cases and we would be happy to help you. You can call for a free consultation or visit my website below.

    The above information is educational in nature and is provided as a guideline. It is not given as specific legal advice. Each case is different and you should consult with a licensed attorney for your specific case.


  6. You have two years from the date of injury to file your summons and complaint. My office charges no money down and a contingency fee of 20% net recovery. Feel free to contact me to discuss.

    www.marcusmoraleslaw.com

    All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.

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