Legal Question in Personal Injury in New York

Falling on unshoveled sidewalk

I fell on a unshoveled, unsanded sidewalk in front of a large store. I know there was someone watching from their car who did not move to help me. No other witness. I went into the store asap ,told the mgr he better get someone to salt the walk. I showed him my clothes soaking wet from the fall, the red marks on my knee etc. he did not offer to call an ambulance, take my info or anything .I think I was in a little shock,as I didn't realize how many parts I had hurt; both ankles, knees ,wrists and one shoulder.I landed face down.. When I went back a week later, he finally took my info. I am in touch with an claims adjusor, havent sent the papers in yet.myold lawyer didnt want to touch this cause,luckily not broken bones, had xrays etc but bone bruises, bone painand still in pain 4 weeks later.do u think any lawyer would touch this or will I have to hardball it myself with them and what could I expect financially speaking? Not looking for millions but as i said to the mgr,it is a very senior population there,if it had been someone older.....guaranteed to have been worse.And yes, the mgr did send a guy out to sand the sidewalk after I told him about the fall and I showed the employee the impression on the ground where I had fell


Asked on 2/14/09, 11:05 am

4 Answers from Attorneys

Re: Falling on unshoveled sidewalk

I'd be happy to speak with you about it. What county is this in?

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Answered on 2/14/09, 11:24 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Falling on unshoveled sidewalk

It appears as though you may have a case but how much treatment have you received? Kindly contact me for a free consultation at 1(800)WE-FIGHT.

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Answered on 2/16/09, 7:14 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Falling on unshoveled sidewalk

First question is where did it happen? City and name of store.

If it was in New York State, the next question is how long before you fell did it stop snowing?

Final question is has your doctor scheduled MRI�s or discussed sending you for MRI�s?

Sincerely,

Patricia Martin-Gibbons

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Answered on 2/15/09, 4:33 pm

Re: Falling on unshoveled sidewalk

In today's world of tort (negligence) law, cases brought in the Supreme Court, the choice forum, are costly to maintain and time-consuming. Therefore, if the accident victim's injuries are not regarded as serious, (jury translation: significant money damages), most lawyers are hesitant to take on the case. Your injuries do not sound serious, as described. If you can't get a lawyer to accept the case with an eye toward litigation, you could go it alone with the insurance adjuster, or perhaps find an attorney to work the case "for settlement purposes" only. Good luck. Best, M. E. Zuller

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Answered on 2/14/09, 4:04 pm


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