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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?

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. 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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  2. 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 practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.

  3. 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. I would suggest contacting a local personal injury attorney to discuss your potential claim in more detail - first consultations are usually free.

  4. 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.

  5. 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 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

  6. 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).

  7. 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

  8. 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 relationship between the questioner and responder.

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