I recently fell at a college and hurt my lower back i was seen in the er the same day should i persue a personal injury claim?

Asked almost 2 years ago - Portland, OR

unfortunately i did not feel injured at the time of the fall so i did not report it to any one on campus.

Attorney answers (8)

  1. Todd A Taylor

    Contributor Level 11

    8

    Lawyers agree

    Answered . if you can prove that the college is liable for your injuries, then you might consider filing a claim. You may need witness statements, video or photo evidence, or other evidence showing how the college was negligent. In addition, you have limited time to put public bodies on notice of a claim so make sure your notice is timely and proper. http://www.oregonlaws.org/ors/30.275. I would suggest contacting a local personal injury attorney to discuss your potential claim in more detail - first consultations are usually free.

  2. Phillip Charles Gilbert

    Contributor Level 9

    8

    Lawyers agree

    Answered . Respectfully, one would need additional information in order to answer the question. More specifically, it would be necessary to know why you fell (what caused the fall). Oregon law does not create absolute or strict liability on the part of landowners; generally stated (and assuming that you were a student at the time or otherwise qualified as an "invitee" of the college at the time of your accident), a landowner has a duty only to eliminate/protect from/warn of dangerous hazards that they actually knew or reasonably should have known of (prior to the accident). This duty probably does NOT extend to hazards that should be obvious, so to speak, such as a pothole in the middle of a sidewalk (unless the incident occurred in the evening and the hazard was not illuminated or barricaded off). If you can provide more detail in this regard I would be happy to comment further; I have successfully litigated fall accident claims, in Oregon.

    Changing subjects, it would also be useful to know whether this was a public or a private college? If it was a public college, then you MUST provide appropriate, written "tort claim notice" to the college within 180 days of the accident or you will be legally barred from pursuing the claim (Oregon Revised Statute 30.275).

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

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    Answered . If you fell due to some defect or dangerous condition, you would want to have a local personal injury lawyer investigate immediately.

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

    Contributor Level 16

    8

    Lawyers agree

    Answered . Immediately report it to the campus. It really depends why you fell. If there was some dangerous condition that casued you to fall, you may have a valid personal injury claim. However, if your inattention or negligence caused the fall, you wouldn't have a claim. Often times it is a combination of both, and you should consult with a personal injury attorney in your area to review the facts of the case in detail.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  5. Matthew Louis Solomon

    Pro

    Contributor Level 14

    7

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    Answered . Contact a local personal injury attorney as soon as possible. Pain can happen later after an accident.

    Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to... more
  6. Timothy Leo Bowden

    Contributor Level 14

    7

    Lawyers agree

    Answered . it depends on what happened. just falling is not enough for a cause of action. what i would do is to contact a local injury attorney to further advise you.

  7. Michael Ryan Juarez

    Contributor Level 16

    7

    Lawyers agree

    Answered . It depends on the facts surrounding your incident. Consult with a local attorney who can deterime if you have a viable claim aginst the college. I hope you heal quickly.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  8. Larry Van Roberts

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . First, how bad are you hurt? If only minor injuries, a claim is not worth your time. Without reporting your claim or with not witnesses, you will have a difficult time with a claim. Also, if you fell at a state college, there may be specific steps you have to take wth a governmental agency unlike a claim against a private person or entity that make your claim even more difficult. If you have a seriour injury, contact a personal injury attorney immediately.

    This response is given solely as a general response to the question and does not create an attorney / client... more

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