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Slip and fall case declined by 3 personal injury attorneys, despite the premise's acknowledgement of fault! What do I do now?

San Diego, CA |

I slipped in a Home Depot bathroom, filed a report with the manager about the injured hand/wrist, took photos of the floor and my damaged shoe. HD corporate offered to reimburse me for what I estimated would be the cost of my physical therapy co-pays and the replacement value of my shoes. They sent me the offer in writing, which I had the good sense not to sign nor to reply to. I have since learned that the injury extends into my forearm and will take 6-12 months to heal. I am a licensed esthetician, so I will be unable to earn wages in that capacity for the rest of the year. I think I have a case, but one law firm said it wasn't "catastrophic" enough and another advised me to contact HD's medical insurance claims dept for reimbursement. How do I factor in subrogation & unemployment?

Attorney Answers 10


  1. Best answer

    If you have Medi-Cal you will need to notify them shortly after you file a claim; you can do so online. If you have private insurance, there is a often a clause for subrogation in your contract with them as well. If you start getting calls to pay bills, let them know you are filing a claim and they will just want updates of the status. Then you can pay them when you get paid out and may be able to negotiate down the amount due.

    I would contact a PI attorney to assist you in your case. You do not have to have "catastrophic" damages to bring a claim. Often, and attorney will issue a demand letter and negotiate back and forth with the insurance company. If an agreement is reached, great. If not, you would then file a complaint. This can get complicated to negotiate yourself.

    I wish you the best of luck.

    Disclaimer: This response is provided to your general inquiry through Avvo.com. Said response does not establish an attorney-client relationship.


  2. As you are appropriately determined, try anothe attorney. Perhaps someone relatively new to personal injury litigation or looking to establish a practice. Their threshold for a case may be lower; economics. Unfortunately, not every case has a remedy. Your learning just how difficult it is to pursue a case.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. Also there could be something wrong with liability in your case. Just because there is water on the floor does not mean HD is at fault. You will have to show that HD knew or should have known about a dangerous condition and negligently failed to do something about it. If there was nothing on the floor (you don't mention what caused you to slip) then you certainly do not have a case. The best thing is to continue to consult with an attorney and if they do not take your case, ask them why not. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. 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.


  4. I am sorry to hear about your troubles finding a lawyer. There are many good lawyers in San Diego. I recommend that you keep trying. Places to look for lawyers include the Avvo site. Asking friends and family. The San Diego Bar Association or even the referral panel for the State of CA (http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx).

    I hope you have a full recovery and get back to work.


  5. You need to get a copy of the incident report and any other documentation, such as medical records, and have them reviewed by an attorney who is experienced in such claims. I have personally dealt with other California claims of a similar nature. I have worked personally on numerous injury cases and it is important for you to know that time is of the essence when bringing an action forward. Having proper representation can protect your cause of action. Best of luck to you,..

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  6. As the others have suggested, there may be some issues in your case that are causing the attorneys who you spoke to to have a concern. As you're doing, continue to speak with other attorneys here in San Diego to see if there isn't one of us who is interested in helping you with matter. Most of us here on AVVO offer a free consultation so it's no cost to you to speak with one of us hopefully one if us can help you.

    http://lawofficeofwilliamdaley.com/san-diego-personal-injury-attorney/slip-fall

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com


  7. I'm sure another lawyer will pick up your case. Contact one of the above lawyers to discuss or use Avvo's "find a lawyer" tool.


  8. I would strongly recommend that you continue to contact personal injury attorneys until you find representation. One of my closest friends and esteemed colleagues, Mr. Martin Weniz, handles slip and fall cases. He is a talented attorney and takes excellent care of his clients. I have included his link below and I would strongly recommend that you give him a call. Best of luck.


  9. Keep looking for a lawyer.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.


  10. To be safe, seek a local personal injury attorney to get maximum compensation. There sounds like there could be a lot of legal issues in the future and you want to be well represented. If the attorney you sought out won't take the case, keep looking. Perhaps a smaller firm or solo practitioner. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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