Asked 10 months ago - Johnson City, TNFlag
In June 2012 I went to Target and had to use the restroom as I was leaving the stall going to the sink to wash my hands I slipped in water I am assuming is water at that time I felt a pop in my knee, so after limping from the bathroom I told an employee of the water and proceeded to walk to the back of the store still limping because the pain was building and I located my husband and explained to him we had to leave the store at once with what few items he had I could not continue shopping because of the pain and stiffness that were happening in my knee and hip. To make a long story short I tore my MCL and cracked my meniscus I have been since June and still on crutches and wheelchair and may have to get surgery.
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Incidents such as the one you describe are extremely fact specific. I agree other responses that indicate they are very challenging. As such, it is almost impossible to give you a reasonable evaluation based on the information included. You need to meet with an attorney and describe the incident fully. In the meantime, do not give any statements to people from Target.
Sorry for your injury. Candidly, you will have problems here. The incident was not witnessed, no formal report was filed, no medical treatment was rendered (for how long?), the condition was not documented. That said, contact a local and qualified personal injury trial attorney asap. Perhaps the attorney can still piece this together. Do not speak to Target or their representatives. There is son much more to be said, but time constraints. Good luck.
When I need a haircut I go to a barber because they have the experience necessary to cut my hair properly. When I need my clothes altered after being on a diet I go to a tailor because they have the expertise to fit me properly. I could do both of these myself and save a few bucks but it's unlikely I'd do either properly. Having said that, I never understand why someone thinks they can settle their personal injury claim for full value without hiring an attorney. People get so worried about paying a lawyer one-third that they forget it's usually money well spent. The insurance company hires lawyers and adjusters who's job is to try to pay you as little as possible. Perhaps you need someone's help who's job is help you get as much as possible. Hire a personal injury attorney. Most of them work on contingency, meaning they only get paid if they make a recovery for you. There is no way a lawyer can advise you in this forum on the value of your case without knowing the full extent of your injuries, the amount of your medical bills, if there is any permanent physical damage to your body or what the amount of your future medical bills will be. Furthermore, doing your own investigation of the store could hurt your case later on; get with a lawyer who can use an investigator who can testify if needed in court.
I agree that these are difficult cases given the facts as you have presented them. I also agree that you should talk to a Tennessee attorney sooner rather than later. I am not licensed in TN, but I believe the statute of limitations there is one year. So, do not delay talking with a local attorney. That year goes by much faster than you might think.
A slip and fall case is difficult for us attorneys, let alone for an injured person. Yes you need to contact a local personal injury ASAP given teh seriousness of your injuries. The key to your case is notice, did Target have notice of the wet floor? I know they have a policy of regular restroom inspections (the cars on the doors usually say when it was last inspected) so this may assist your case.
Do not wait to call an attorney. Good luck.
While it is preferable to have an incident report or name of an employee who witnessed the incident, it is not necessarily required to pursue a claim or case for a personal injury. You certain suffered a serious injury as a result of this incident. I know that Target typically has a Maintenance Checklist in the bathroom as to inspections and times that the bathrooms are cleaned. Contact a local Tennessee attorney to get some guidance as to your legal rights as well as the strengths and weaknesses of the potential case.
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