Fell in a supermarket; aggravated two existing asymptomatic injuries. Will require a few weeks PT, some prescription meds. Should I handle this on my own, seems like small potatoes for a PI lawyer.
(Spoke with store mgr, took pix, made incident report. Told their insurance co I did not want to make a recorded statement at this time).
If you can find an attorney who will take this case let them handle it. These cases are not that easy. Insurance companies will run all over you.
I would get a local CA injury attorney to handle it. Slip and fall cases can be hard to win.
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Your perception is right that this would seem to be a small case for most personal injury attorneys, especially if you did not sustain long term or permanent injuries.
What is your goal?
You might be able to handle this claim on your own, and if not settled soon, take it to small claims court. The jurisdictional limit for small claims court cases in California went up to $10,000 as of January 1, 2012.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Your best bet is to retain a lawyer for this. Since it is small, you may have to call several law firms until one is willing to take it, however, you really can only get proper compensation with a local attorney. Good luck.
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Your correct. If an attorney will accept the case, use them.
If you approach the claim with the view that it is "small potatoes" that's exactly what the insurance company or adjuster for the self-insured will give you. Remember the saying about "Be careful what you wish for ..."
There are many reasons why a personal injury claim requires expertise from an experienced personal injury attorney. Here are a few:
(1) The insurance industry's own statistics confirm that once an attorney is brought in to a claim, the value goes up.
(2) Your own attorney has a duty to fully inform you of all potential elements of recovery which the insurance company claims adjuster will not take time to tell you about.
(3) Settlements are forever. This means that if you decide to accept a settlement, this is the final disposition of the case forever. Should you later need additional treatment or discover an outstanding charge you did not know about, it is too late to go back.
My office handles personal injury and accident cases in Massachusetts and New Hampshire. And despite the procedural and legal differences between our states, the insurance standards and case valuation aspects of this topic are relatively universal across the U.S.
Law Offices of Andrew D. Myers
North Andover, MA – Derry, NH
I agree with my colleagues. If you can find a lawyer to take the case, hire one. Most people would not open up a book, then set out to replace their engine, yet so many people set out to be their own attorneys. Both are ill-advised.
Jamahl C. Kersey (619) 399-3662 is an Immigration, Criminal Defense and Personal Injury attorney licensed in CA. The answer above is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Jamahl C. Kersey KERSEY & SABAWI 5703 Oberlin Drive Suite 201 San Diego, CA 92121 Tel: 619.399.3662 Fax: 888.765.5894 [email protected] www.kerseysabawi.com
I am licensed to practice in California and Nevada and specialize in personal injury litigation. My general advice is that if someone is injured, due to the potential negligence of another, and needs to seek medical care and treatment, then they need to consult with an attorney to fully understand their rights and potential remedies. Once someone tries to handle their claim on their own, my experience is that the insurance company or claims handlers for the defendant business will not properly evaluate the claim, both from a liability and damages standpoint. You should take advantage of seeking a free consultation from an expert personal injury attorney to find out what options you have.
I would take this to small claims (limit of $7500). Store will probably settle with you before you have to go to court. Don't forget you get to claim full value of all medical bills even if insurnace paid and the value of time off work, even if sick leave covered you.
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