I slipped and fell into Safeway store I missed work for 1 week and went to one doctors visit I occasionally wake up with a sore back but I live with it and I want to know what's reasonable to settle with the store the store is Safewaythe store admits that they were negligent because no one came to clean up the spill they were aware of over 30 minutes prior to my fall
Since the question of what a case is worth varies with the facts, you won't be able to get an answer to that question on a forum such as this. What you really need to do is consult with an attorney who can review the facts and circumstances of your case and assist you in seeking a fair recovery. You can use the Find a Lawyer tool on Avvo to find an attorney in your area. Best of luck to you...
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Your recovery will depend on the facts surrounding your fall, injury sustained, work time missed, continued suffering etc. You should hire a lawyer and that can help you get this matter resolved with the most favorable possible outcome.
Please let me know if you have any questions.
Ripal Patel, Esq.
San Jose Attorney
Thank you for your question. I will not give you a canned answer like some other folks here. I've been in practice for 34 years and have handled cases like yours.
It is difficult to give you any advice as to what is reasonable compensation because if not provided us with a clear picture of your injuries, medical expenses and lost income. These are all factors that need to be taken into consideration.
The fact that safely was aware the spill for about 30 minutes would indicate liability on their part.
I would recommend that you contact local counsel to review and discuss your case so you can make an intelligent decision whether to proceed on your own or higher counsel.
Best of Luck
live and work in California and deal with accidents like yours, so I am happy to answer your question. The answer to your question is your gut instinct is right that you want to know what the proper value is of your case because its a tought thing to figure out!! You want to make sure you hire someone with experience in slip and fall accidents. I like the fact that a report was taken and that paramedics were called in your case. Our firm does not usually settle cases until the client is 100%. We look at the case as a whole and attempt to figure out what the settlement should be. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.
Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.
With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the San Jose, CA area.
Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it. We give free consultations!
You dont say when this happened. Assuming no statute of limitaions issues, you would be well advised not to settle right now. You havent recovered yet, and you dont know if you have been completely diagnosed yet. Once you settle, you have to sign a release. Once you do that, its over, and you cant come back later for anything more, even if your back is in really bad shape. You should get back to the doctor for further exam.
I'm sorry to hear about your fall and resulting injury.
What stands out to me from your question is that you relate that the store admits negligence. This is uncommon, although it would be the right thing to do, if it is in fact true. If you received verbal acknowledgement from a store representative, like a manager or employee, you can reasonably expect that admission to vanish if you press the issue of damages and reach a point of dispute over the valuation of your claim.
I would be cautious about making any further statements to the store's representatives or their insurance company without first having a thorough consult with a personal injury attorney.
The reality is unless you have solid information regarding diagnosis and prognosis of your injury, you can't evaluate the value of your claim. But generally, the value of claims increase with the severity of the claimant's injury (assuming liability is admitted or has a strong likelihood of being proven).
In my experience, missing work for an entire week due to a fall injury shows that the injury was pretty significant (at least in the short term). You mention that as to your "sore back" you "live with it." This is very common and shows that you are not a complainer, but you really want to learn the nature and extent of your injury that is causing your continued pain. If I were you, I would return to the doctor to see if they give you the "all clear" to return to your normal lifestyle.
Also, you have a duty to mitigate your damages, so if further medical care could help your body heal, you have to be proactive in the rehabilitation process. A defendant isn't responsible for health conditions that could have been minimized or prevented with proper medical treatment.
The statute of limitations in CA for a claim like yours is 2-years from the date of injury. Don't sleep on the statute.
Best of luck in this matter.
No one here can really answer your question without knowing a great deal more information.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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