QUESTION
Can I sue for lost wages and including pain and suffering, future medical bills?
Asked on Apr 23rd, 2013 on Personal Injury - California
More details to this question:
I slipped and fell on a wet entryway to a store injuring my shoulder and neck there was no rug and chipped tiles. I now have 25000 in medical bills and sense the incident my life is not the same. I worked as a dog groomer for cash I can no longer do this job. My question is can I sue for lost wages and including pain and suffering, future medical bills what kind of monetary value do I put in my demand letter. Thanks.
13 ANSWERS
Ronald A. Steinberg
If you got paid cash, that means that you did not report the money as income, and did not pay taxes. As a result, if you testify in court, under oath, you will be giving up your 5th amendment right against self incrimination, and you could end up in jail. So, you cannot claim lost income unless you file amended tax returns going back as far as you were working for cash. I suspect that you do not have the money to pay the back taxes, so you are basically screwed as far as that claim goes.
Answered on Apr 29th, 2013 at 7:51 PM
Personal Injury Attorney serving Denver, CO
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Law Offices of Bradley S. Freedberg
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This is a premises liability claim. Even considering the fact that a lawyer will charge a fee to represent you and that you obviously believe you are able to handle this on your own, I am wondering why then you are asking the most basic questions that would indicate you actually do not have an ability to represent yourself in this claim.
Answered on Apr 25th, 2013 at 9:49 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Establishing liability in slip in fall cases can be difficult. You must prove that the owner of the premises was negligent. It is not clear to me that the owner was negligent. However, I do not know how the chipped tiles contributed tot eh accident. This could be important. Also, if the owner had reason to believe that area needed a rug or some other type of traction, if could be negligent not to provide this. Because your damages are so significant, you should seek out an attorney to look into it.
Answered on Apr 25th, 2013 at 8:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Sounds like a make able case. That being said, if you have to ask "what kind of monetary value do I put in my demand letter" then you obviously don't know what you are doing. With that kind of money at stake, do you want to trust the result to an amateur (you)? Suppose you went to someone who said "I never went to law school, don't have a licence to practice law and I don't know what value to place on a case, but sure, I'll write a demand letter for you, I'll just check on the 'net to find out what kind of monetary value to put in it" Would you have that person handle this matter? Well, that's who you've got. There are many rules, procedures, exceptions, requirements etc. and it is very easy to get tripped up. Seriously, this is a tricky business and there is no room for do-it-your selfers. You would be up against professional insurance people, lawyers who know what they're doing and rules upon rules upon rules that you don't know anything about. If you retain a lawyer you will be much more likely to get the right result.
Answered on Apr 25th, 2013 at 8:18 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If there was negligence on the part of the store owner, you can sue for lost wages and/or loss of income potential, pain and suffering, and future medical bills. Slip and fall cases are extremely difficult to put together and you would be wasting your time trying to represent yourself. In this instance, the best that can be said is for you to consult with your attorney.
Answered on Apr 25th, 2013 at 1:22 AM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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You can sue for all damages that you had sustained and will suffer in the future. There is not enough information in your question to estimate total present monetary value of your claims or the amount you should demand. My sincere advice is hire a good attorney. Please call me if you have any questions.
Answered on Apr 25th, 2013 at 1:22 AM
Commercial Litigation Attorney serving Dallas, TX
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The Martini Law Firm, PC
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You may have a potential claim for damages. Premises liability law is very fact specific.
Answered on Apr 25th, 2013 at 1:16 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Slip and fall is not popular with judges, lawyers, juries. You have to prove negligence (not just a wet walkway) and you have to prove you were not at fault (sometimes hard to do) and that the defect (if there was one) was not open and obvious. If it was just a wet walkway I doubt you will have much luck.
Answered on Apr 25th, 2013 at 12:58 AM
Thomas Edward Gates
While you may sue, you will find it difficult to find an attorney to take your case since your injuries were minor. Best to try and work out a remedy with the store.
Answered on Apr 25th, 2013 at 12:52 AM
You should hire an attorney. Slip and fall cases are difficult cases. Typically, you would need an expert to show the entry way posed an unreasonable danger or the coefficient of friction was too low to be safe. People are expected to know wet floors will be slippery. However, the store owner may have a duty to install a mat or other warnings, particularly if others have slipped and fallen at the same spot. You say you were a dog groomer for cash. What does that mean? Are you saying you did not report your income from that work, even though you probably would not have had to pay taxes on it even if you had reported the income? If that is what you are saying, it makes your case more difficult. Juries are skeptical of slip and fall claims to begin with and if the defense lawyer can show you were working under the table to avoid paying taxes the jury will like your claim even less. If it turns out that you were getting some kind of assistance like unemployment, welfare or workers compensation while you were also working as a dog groomer for cash, good luck.
Answered on Apr 25th, 2013 at 12:34 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can sue for the damages you mentioned, and perhaps several other kinds. How much you are entitled to is a sharply fact-determined matter, which requires extensive discussion with a skilled personal injury lawyer.
Answered on Apr 25th, 2013 at 12:31 AM
James Eugene Hasser
Sure you can sue, but you've got to prove they were negligent. Presuming you can get over that hurdle, you are going to have a problem proving lost wages. First, you will have to have a Dr. say you couldn't work. Second, since you were getting cash, I am presuming you didn't report it or pay taxes on it. The only way I know to prove lost income is to file amended returns to show the cash money you earned. You probably should consult a lawyer familiar with accident law. Good luck.
Answered on Apr 25th, 2013 at 12:16 AM
Monica Cecilia Castillo-Barraza
A personal injury lawsuit can be for paid, past, related medical bills and future related medical bills, lost past wages and future income, and "pain and suffering". You have to prove everything, i.e. that it is related, and expert opinions are necessary.
Answered on Apr 25th, 2013 at 12:07 AM