Legal Question in Personal Injury in Florida

In January of 2014, I fell somehow in Walmart bathroom. I had been shopping with my family and entered the bathroom with my 3 & 5 year old daughters. I remember walking into the handicapped stall with my 3 year old to change her diaper and that's the last I thing I remember, until I became coherent being wheeled to the room in the ER.

Apparently, I hit the floor of the walmart bathroom floor with such force, that I began seizing and busted my head open in 2 places on the right side of my head. My girls started screaming so my 12 year old girl ran inside and found me on the floor blue in the face, and flopping around.

I was told there was enough blood at the scene that towels had to be brought from the linen dept and I ended up having 2 grand Mal seizures, and I've never had a seizure in my life.

Anyhow, once I got the hospital, all I can remember them doing is stitching my head up and sending me home.

Two days after my head injury, I noticed my head oozing blood still, and I found that they had only stitched up one of my 2 open wounds. I never went back cause I isn't want to be picked at again by them cause of the pain I had already gone thru, so I took the rest of my antibiotics and hoped for the best. I also believe I contracted staph as well.

I was recently diagnosed as being bipolar at the beginning of 2015 and my motor skills aren't quite right. I have noticed ALOT of change with way I speak, communicate, process ideas..i forget things within seconds and my motor skills seem delayed.

I've been under the care of a psychiatrist for over a year, and I've complained to him with these problems, but I related them to the bipolar disorder. I do have headaches but I can't go to the hospital everytime I have one.

I lost my insurance a month a after the accident, so I never had any way to see a doctor.

I completely forgot about my accident until now... So many things are coming back to me, so I'm try to piece things together.

I also will add, I was NOT intoxicated or any illegal substance either. I'm a very healthy 39 year old woman with no physical disabilities.

Where do I begin? What kind of attorney do I need to see?


Asked on 10/25/15, 1:15 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You would need a personal injury attorney but without some evidence of negligence on the part of the store, you will not be successful in the pursuit of those claims. The "damages" you list are not necessarily all related to the fall, as well, so someone would need to review and determine what is and is not related. Due to the gap in time there may not be much of a claim to pursue.

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Answered on 10/25/15, 1:18 pm
David Harris Davd Harris Law PA

Sorry to hear of your troubles.

Search for a personal injury lawyer. You must understand that falling in a store does not mean the store is liable for your damages. You would need to prove that the store was somehow negligent (fault by an action or failure to act in some regard). I think every attorney is going to ask you what caused you to fall. Without any explanation, or proof to establish your fall was caused by something the store did, or did not, do, then under Florida law you may not have a case.

Without a doubt, the gap in time is going to be a source of challenges for the claim. Consult a personal injury lawyer to discuss the details.

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Answered on 10/25/15, 1:38 pm


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