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

Asked over 1 year ago - 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. Vanessa Catherine Whirl

    Contributor Level 7

    10

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    chosen by asker

    Answered . 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... more
  2. Adrienne Patricia Allen

    Contributor Level 15

    11

    Lawyers agree

    Answered . 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... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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... more
  4. Robert Max Klein

    Pro

    Contributor Level 15

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    Answered . 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/LawyerReferralS...).

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

  5. Michael Shemtoub

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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... more
  6. William Peter Daley

    Contributor Level 17

    5

    Lawyers agree

    Answered . 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-pe...

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  7. Scott J. Corwin

    Pro

    Contributor Level 18

    5

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    Answered . 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.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

  9. Howard Robert Roitman

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Keep looking for a lawyer.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more
  10. Matthew C Simon

    Pro

    Contributor Level 18

    Answered . 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-... more

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