Legal Question in Personal Injury in New York
Toe Injury
An item that was expected to be secure on the wall at an a major furniture store fell and landed on my toe. It had a metal edge and sliced the toe and severed the toenail. It has been two months now and the entire nail has come off exposing my toe. I am being contaced by their insurance claims processors for information and don't know what to tell them. I have lost a toenail and it is very upsetting, but so far no infections and of course I can walk around just fine. A claim was already filed on their end. I've been told I should be compensated for the loss. Am I eligible?
4 Answers from Attorneys
Re: Toe Injury
You have a right to be compensated for your medical expenses and pain and suffering, although whether you choose to pursue it is, of course, up to you.
Personal injury cases are evaluated based on liability and damages. Your case sounds relatively strong on liability issue and relatively poor on damages. Therefore, don't expect too much and you should be okay.
I'm a member of the New York Trial Lawyers Association and try to resolve these matters quickly to the client's satisfaction. Let me know if you need further assistance.
Re: Toe Injury
You have a right to be compensated. I would be happy to answer any questions you may have regarding your potential case. Kindly contact me, Pasquale Calcagno of Calcagno & Associates for a free consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com.
Re: Toe Injury
There is a possible negligence claim against the store. What would need to be shown is that either the store hung the item carelessly or that store personnel had reason to know it was hanging precariously and liable to fall. Your injuries do not seem too serious. If you'd be satisfied with up to $5,000 in damages, consider Small Claims court. Proof problems are dealt with more leniently there. Good luck, M. E. Zuller
Re: Toe Injury
You have a claim against the store. It's a good sign that the insurance companies have already tried to contact you. This might be a situation where you can settle prior to filing suit and recover some compensation. Our attorneys have extensive experience in negotiating with insurance companies on behalf of our clients. This is the type of case where you would not have to pay a lawyer up front to represent you. Please feel free to contact us for more information.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
