Asked 3 months ago - Fredonia, NY
Flagi tripped on uneven pavement in a mall parking lot . i landed on my left elbow but did not feel like i was injured so i didn't report it . the next day i woke up with a headache and stiff neck that continued for one more day before i went to the doctor , xrays were normal , but stiffness continued to worsen . Ive seen a neurologist and am currently in PT 3x per week and was given muscle relaxers . but nothing helps . do i have a case even though i did not file a report with the mall , this happened 6 weeks ago . a friend was with me .
Depending on the size and condition of the condition, you may have a claim. However, distinguishing a traumatic torticollis from cute cervical trauma (whiplash) or post concussion syndrome imay not be easy. There are two parts to every case, liability and damages. On the liability end, you will need to prove that the condition was dangerous/defective and that the owner caused/created the condition and knew or should have known about it. If the condition is too big, the owner will argue that it's open and obvious and you should have avoided it. If its too small, they'll argue that they shouldn't be held accountable. Assuming, however, that you can prove liability, you still must prove that the torticollis was caused by your fall and not something else. Therefore, your doctors diagnose and tracking of your complaints, symptoms and condition will be very important to a successful claim. Good luck.
It would have been better for you to have reported the fall. However, having a witness does help you and what you told your doctor can help you as well. Contact a local attorney to see if you have a case. It is very important to obtain photos of the scene and the condition as well. Do not delay in contacting an attorney. Most will provide a free consultation so you have nothing to lose.
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