Legal Question in Personal Injury in California
Slip and Fall - Request for Help
On Sept. 19 I was shopping in a local grocery store with friends. We went to the checkout line, and realized we forgot a couple items. I picked them up, and returned to towards the checkooout counter. I was unaware that the floor was being washed by a guy with a machine. I hit a wet spot on the floor and hit the ground hard. There were no warning signs or cones, and when I was helped to my feet the guy washing the floor came back towards us to make another pass. I sprained my ankle, received bruises and hurt my neck. The store manager asked if I was ok, I said '' I think so'' and we left. The pain continued, I went to my physician, he diagnosed me with whiplash, presecribed meds. I went back two more times, as the neck pain continues. He prescribed an MRI, but would not call for authorization under my HMO because he said it is a 3rd party situation and they would deny benefits. To make things worse, I lost my job and insurance coverage. A friend wrote a written statement as to what he saw. It has been nearly one month, and I have daily pain and stiffness in my neck. What can I do?
8 Answers from Attorneys
Re: Slip and Fall - Request for Help
It would appear, based on what you have stated, that you have a case against the store for negligence. If you have an interest in suing and are located in Northern California, feel free to contact this office for a free consultation.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com
Re: Slip and Fall - Request for Help
Thank you for your posting, and I'm sorry to hear about your slip and fall accident.
As other postings have mentioned, you certainly have the opportunity to request that the store pay for ALL of your damages, including your medical bills and pain and suffering damages. Most attorneys can refer you to medical treatment on a lien basis -- meaning that the doctor's bills and other medical bills will be paid from an eventual settlement.
I hope this answer helps -- but if you want to provide more information, or have other questions, please feel free to contact me. I'm happy to help in any way that I can. You can reach me via email or at my office, toll free, at 1-877-568-2977.
Re: Slip and Fall - Request for Help
It sounds like a most unfortunate matter. Does it effect your walking or running? You need to obtain representation immediately so as to have a referral to a doctor who would take the matter on a personal injury lien or to determine whether or not there is "med-pay" insurance coverage. Lost earning capacity, medical bills, future medical costs, and, pain and suffering are also awardable. Please contact me directly at (619) 222-3504.
Re: Slip and Fall - Request for Help
You may have a good slip and fall case!!!Contact an attorney !!!
Re: Slip and Fall - Request for Help
You should contact an attorney immediately.
Feel free to call my office for a free consult if you are in the San Fernando Valley/Los Angeles area.
Rob Reed
(818) 365-6445
Re: Slip and Fall - Request for Help
This sounds like a good case and you should consult with an attorney ASAP.
Re: Slip and Fall - Request for Help
You can make a 'slip and fall' injury claim on the store, if your witnesses corroborate the story you told. Contact me if interested in pursuing.
Re: Slip and Fall - Request for Help
First of all, your HMO is NOT entitled to deny you medically necessary care because your injuries were caused by a third-party. Your HMO may be entitled to reimbursement if you ever collect damages against the store, but that issue has nothing to do with your medical treatment.
Second, just because you lost your job does not mean that you have to lose your health insurance. Federal law mandates that your employer give you the option of purchasing your own continuation coverage. You need to investigate whether your former employer provided you with any "COBRA" forms.
Finally, it sounds like you may have a case against the store for monetary damages. These types of cases, however, are difficult to win. You need to call an attorney with experience in personal injury matters. A consultation should not cost you anything.
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