Legal Question in Personal Injury in California

$200.00. Since you would likely be found by any jury to have noticed the speaker cover in the parking lot, and you should have been exercising more care for your own safety and that of your son and noticed the speaker cover. A jury could also find that the store was not even negligent and it was not their fault that a customer left a speaker cover on the ground. The store cannot be expected to keep a spotless parking lot, and a certain am0ount of debris is to be expected. A jury could easily find you caused your own accident, and give you nothing. Also,your injuries do not seem to be serious. And I am a plaintiff lawyer.

It is true that liability (fault) on the part of Home Depo does not look good. In California, you need to prove notice on the part of a Defendant whom you want to hold liable. This means that you have to prove Home Depo had notice of the speaker cover for a reasonable amount of time to remove it, but failed to do so. This is very hard to do, especially in your situation. What is true is that each one of these large stores has what is called a medical payment provision in their insurance policies. Sometimes there is a limit of $5,000.00 and sometimes $10,000.00 or more. The medical payment provision of an insurance policy pays for the medical bills of the invididual who was injured, but does not cover pain and suffering. This provision is available to any victim, even if that victim cannot prove liability (fault). Depending on how long ago this accident happened, you may want wait and see if your son does not have any residual back pain. You may also want to give it time and see if you have any knee pain. In California, you have two years to file an action against a liable party, therefore I would not be in a hurry to settle or file at this time. As long as you present your medical bills, you will have access to the medical payment provision. Your son is 2 years old and may not be very vocal about his pain. You should have him checked out again and perhaps even by a specialist, if necessary. He may have suffered a concussion as well. You should also check yourself out to see if there are any lingering injuries you may have. You can always ask the insurance for more money. You should present your bills to the insurance carrier and if your insuries are not serious, ask for an additonal $1,000.00 for pain and suffering. The insurance company will owe you the bills and they have to pay those bills from the medical payment provision. Anything extra you get is for pain and suffering. You are really not losing anything by asking for more and it is always worth trying to get more funds to compensate you for your distress.

Please call us so we can present your claims to Home Depot. Your case has value as they failed to clear the debris in parking lot. Our telephone is (310) 826-6300. www.mesrianilaw.com .

My law firm handles slip and fall / trip and fall cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.

I would, (like the others) be willing to talk to you about the issues. It is usually best to review the documents be foe making a determination on value. Bob

I agree with both Mr. Marman and Ms. Spektor. However, you should contact the other lawyers anyway, but I really do not believe you have anywhere to go.

Good Luck.