Legal Question in Personal Injury in New York
Slip and Fall
My mother (73 yrs. old) fell over an oil truck hose on the street. She suffered cuts, bruise and bumps. No evidence of fracture. The oil truck company originally offered to cover some related medical bills. However, we have had no response from them since. I contacted 2 injury lawyers, but due to the fact that there are no fractures, these lawyers have no grounds for a case.
My question is what rights does my mother have, to be compensated for her bruises, hospital bill and follow-ups to doctors, since this fall has effected her emotionally and physically?
Would I need to follow any type of legal process, to assist her in recovering that the oil truck company take care of her immediate needs, evolved from this fall?
Originally she suffers from osteosporosis and recovering from such fall has been extremely painful. She has grown fearful of going out and I have had to make work arrangements to attend to her needs. She is also a cardiac patient.
3 Answers from Attorneys
there is a case, just not very much money
That is why attorneys are not interested in taking the case. the case is just like any other slip/trip and fall case except that your mom was lucky not to be hurt too badly. her bills and expenses are recoverable in small claims as Mr. Pintuaro suggested in his response. You might also try starting a well documented course of correspondence with the company by certified mail and request that the Post office obtain a return reciept signed by the company. This will let the company know that you are serious about them paying the bills, and may result in their taking responsibility without the time demands of small claims. if yoiu have any questions feel free to cal or write. 5853195334
Re: Slip and Fall
Make sure to take pictures of the bruises and cuts. Feel free to contact my office either by phone and/or e-mail, we have handled many cases of similar nature and have gotten reasonable settlements for our clients.
Re: Slip and Fall
There is no requirement that a person sustain a fracture in order to bring a trip and fall lawsuit. If she sustained only minor injuries and medical expenses then - depending on the amount of medical expenses - she can sue the company in small claims court or Civil Court. You need to obtain name and address of company.
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