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Slip and fall: sprained wrist question

Ontario, CA |

In California: I tripped over a defect in a store's parking lot. Apparently this defect has been there for a while and had not been fixed, the incident is on video and I have two witnesses, so liability is not an issue.

Because the dx was "only" wrist sprain, none of the first round of attys were interested in taking the case, so I am handling it on my own (unless I run into significant roadblocks).

That's the background, now here's the question: my orthopedist gave me a cortisone injection into my wrist. Does the necessity of the shot enhance the value of the claim in any way? He did not prescribe painkillers, I was just taking OTC meds.

Attorney Answers 4

Posted

Cortisone shot does not significantly increase value of case. It is still small claims.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

It is further treatment, which is good but it will have a negligible impact on the value of your claim. The fact that it is a wrist sprain is the most important.

Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in Missouri only.

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Posted

I practice in Illinois and can only answer based on my experience as a lawyer practicing in Illinois. Your damages have increased because of the cost of the medical treatment. There may also be a correlation between the cost of your medical bills and the amount awarded for pain and suffering. However, before you get to the damage aspect of your lawsuit, you still must overcome liability. I understand that you believe liability is "not an issue" but there may be defenses out there that you are unaware of. For example, in Illinois, there is an "open and obvious" defense. Also, is the parking lot owned by the store? Do the owners hire a maintenance company? Have you sued the right defendants? I recommend you keep searching for a personal injury attorney that will be able to assist you.

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Posted

You raise good points about the liability; fortunately they have already been covered and the claim will be filed against all appropriate parties.

Posted

An orthopedic evaluation and cortisone shot will almost certainly increase the value of your case. How much it will increase the value will depend on a variety of factors.

If you would like a free, no-risk consultation please feel free to call my office. We handle these types of cases throughout California.

Good luck.

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