Legal Question in Civil Litigation in California
Damages against Costco store because of fall
In July of 1997, I tripped and fell on a slippery substance on the floor. This was witnessed by many store customers and store employees. I filled out an accident form with store. I went to St. Agnes hospital the next day because of pain in my shoulder, and was given pain medication. We went on our planned vacation to Morro Bay and I went to a Chiropracter over there about five times, he recommended I see an orthopedist. The orthopedist told me I had injured my shoulder.I eventually had to have surgery. I talked to a lawyer for Costco and was told to keep tract of all medical expenses and they would make an offer. I filed my suit this July. Costco informed me they would not pay. I was told this was because they carried their own insurance. I was also informed that there was not much chance to collect even my $6000 out of pocket expense much less any thing else. I had, and still have cosiderable pain and suffering.
3 Answers from Attorneys
Re: Damages against Costco store because of fall
When did you file the lawsuit? Do you have an attorney? Normally, the statute of limitations for personal injury is one year. Unless you filed the lawsuit within that limit, you MAY have no case.
More information is needed before an accurate assesment is given. Please feel free to e-mail me if you have any further questions.
Re: Damages against Costco store because of fall
If you do not have one, you need a lawyer in the County where the fall occurred.
Re: Damages against Costco store because of fall
As long as you have filed your lawsuit withing the one year statue of limitations you can continue your suit against costco.
Did you file the lawsuit in pro per? What is costco's reasoning for not paying your claim? It sounds like their lawyers are trying to bully you. You should atleast consult an attorney so you can know what your rights are and if you are still able to collect money from Costco. On a positive note, I hope you enjoyed the beautiful central coast. I have practiced law here for over a decade and no one could pay me enough to move anywhere else. Which Chiropractor did you see in Morro Bay? If you would like to discuss your case in more detail and hopefully answer the questions I have asked please feel free to call me at 888-563-8529, that is my toll free number. I look forward to speaking with you about your case and your experience in Morro Bay.
John Hayes