Legal Question in Personal Injury in California

Re: slip and fall

You have an EXCELLENT case and should not accept any settlement at this time. You have 1 year from the date of the fall to file any lawsuit and should wait until you have completed your treatment to know how much damage the accident has caused. You are entitled to all the reasonable and necessary medical billing, lost tiem from work and damages for pain and suffering. I have helped many people with you exact case and if you would like more help please contact me at 818-760-0100, at ext. 101.

Re: slip and fall

I have read the other attorneys response and I agree that you have a good case based on the facts you articulated. You are entitled to recover for loss of wages, pain and suffering, loss of enjoyment of life, and other potential remedies depending upon your station in life. One thing you should know is that Kaiser will put a lien on the case and will want to be reimbursed for meds on this case. Bottom line is that you need an attorney. I handle these types of cases and would be willing to do this type of case on contigency. I highly recommend that you contact me as soon as possible on this matter. I would not speak to the store or any of their representatives about your situation until you have an attorney because any statements you make could damage your case!!

Call me for a free telephone consultation at 818-342-8020 x1

Re: slip and fall

In order to receive compensation for your injuries, you must first prove that the store was at fault. California law requires you to establish that the liquid was on the floor long enough for the store to have known about it. In most cases this is a very difficult burden. You may be able to make a case based on the fact that the bucket and mop were nearby. You would have to get the jury to believe that the water came from the mop (or bucket) and that the store was negligent in not putting up warning cones about the water. The difficulty is in making the leap from the water on the floor to the bucket. Could there have been any other source of liquid besides the bucket and mop? The defendant will argue that you haven't met your burden of proof that the water came from their bucket and mop and will try to keep your case from getting to the jury. Do you remember if the liquid was soapy water? Was it milk or some other type of fluid? You might get some information from an incident report from the store, but they will fight to keep it from you. Were there any witnesses? You also want to know if the store kept a chart to keep track of inspections of the premises. Most stores do. If the store didn't keep a "sweep chart", you may get a special instruction from the judge that the jury can presume the store was negligent because they didn't keep the chart. As you can guess these cases are very tough.

With regards to your injuries, I suggest you see a doctor if they are still bothering you. You can always refuse another cortisone shot, but remember the reason that the doctor gave it to you was because they do work for a lot of people.

Re: slip and fall

I note that your question to LawGuru.com has been directed to me as I specialize in Personal Injury law. Assuming your accident did not happen almost a year ago, you should have sufficient time to get the proper medical care. You do not have to allow the supermarket to dictate what medical care you should have. If you feel you need to see an orthopedist, you should have your primary doctor at Kaiser make the referral even if you have to get a little aggressive and over-bearing to get that referral.

Again, assuming there is no time problem, you do not have to accept the $250 settlement offer. Make sure you get proper medical care and documentation concerning your time off of work. If your total claim will have a value of about $5,000.00 or less, you can consider small claims court if a settlement cannot be made. If your claim gets to be higher than $5,000.00, you should consult a personal injury attorney as soon as possible.

If this accident happened in the Orange County area, I would be glad to provide you with an additional consultation at no charge to discuss the specifics or your case. You can call me at 714) 963-5123.

Sincerely,

SAM M. EAGLE

10101 SLATER AVENUE #218

FOUNTAIN VALLEY, CA 92708

(714) 963-513

FAX: 714) 964-9993

E-MAIL: [email protected]