Hi, I was at a Habitat Restore in Dayton, Ohio. I was carrying a door with my brother, and there was would out in the open that I tripped over and broke my ankle where I needed extensive surgery. I still have problems from it, and this happened on May 7, 2011. I have tried to get help through their insurance, but they tell me that they won't cover this. Could you please help me and let me know if there is a way that I can be compensated for the unpaid bills and for pain and suffering. Any answers would be greatly appreciated.
You should get a good personal injury lawyer, maybe one who is a specialist in "slip & falls", he will have many theories of recovery for you, of which pain and suffering may be a consideration if you get to a jury. If the wood was "open and obvious" you may not have a case. You need a negligence analysis which comprises four essential elements which are:
1.) the store owed you a duty of care, 2.) the store breached that duty, 3.) the breach of the store's duty was a causally connected to your injury and finally 4.) that you suffered damage as a result there of.
I am sure the store has "premises liability insurance" and are probably are hoping you'll just go away. A crucial question is who did you talk to the the "store owner" or their "insurance carrier", they are probably not going to pay you anything unless and until you sue.
I would need more facts to evaluate this matter, because if one of those factors I mentioned is missing you won't have a case. You should see a personal injury lawyer and discuss the fact's of your case.
You must be able to prove your case with witnesses who are willing to testify in your favor in deposition and at trial. Count on the fact the insurance carrier is not going to lightly fork over money to you, and they will have plenty of defenses to counter your claims. I would count an a fight that could last more than a year once you file a complaint and a stong possibility that you may or may not recover.
Make sure you can back up your case with undisputed facts. Because if you don't your case could get blown out on motion or at trial. So get your facts straight and a time line of when it happened, who saw it, and did you go to the hospital right away or did you wait? The answer's to these questions are essential.
This information does not constitute legal advice and we have no attorney/client relationship. Good luck.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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