QUESTION
Do we have recourse if my husband had a foot personal injury?
Asked on May 24th, 2011 on Personal Injury - Florida
More details to this question:
My husband was injured buying lumber. The wood fell on his foot and caused a very bad sprain & much bruising & swelling. The lumber at the store is not held back by any barrier to prevent the wood from rolling out. We've called the store to info them. At the time of the accident he didn't realize how bad it was until he took his shoe off that night. The store said they would relay the info to the main office, we have not heard back from them. Should we try to handle this ourselves or hire somebody to help us?
17 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Make sure you have the best medical care, that you have a genuine serious injury and get a PI lawyer.
Answered on May 27th, 2011 at 8:46 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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The claim of your husband and the liability of the store is difficult to determine without a thorough and detailed analysis of the facts. I appreciate your factual statement, but as good as it is, there are many questions that would need to be answered before I could really give you an answer. The case may or may not be of interest to a lawyer because of issues of disputed liability and degree of damages. However, you certainly need an analysis of the case and the law that supports your husbands claim to be explained to you. Please call me if you want to discuss this further.
Answered on May 26th, 2011 at 12:16 PM
The store probably has premise liability insurance which should pay for medical costs regardless of fault. It is hard to know if they will pay any additional pain and suffering unless they accept liability and don't say it was your husband pulling lumber out that caused the lumber to fall. If you are only trying to get medical costs paid which they will probably pay you could probably handle yourself. If trying for more than this I would recommend hiring an attorney.
Answered on May 26th, 2011 at 10:57 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on May 26th, 2011 at 10:57 AM
You are unlikely to hear again from the store or its insurer. They know that if they stonewall you, you are likely to give up and go away, because that is what most people do. And if you try to handle it yourself, they will assume that you are not wise enough, or interested enough to hire a lawyer, and they will not deal with you fairly. You would be wise to consult with a lawyer. Most trial lawyers do not charge to consult with people in your situation. At the very least, talking with a lawyer will give you a better idea of your options. If you are in Oregon or southwest Washington, feel free to give me a call.
Answered on May 26th, 2011 at 10:57 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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Sorry to hear about the foot injury. These cases fall under the category of "premises liability". Frequently jurors find both the store and customer at fault. For that reason, it is important to speak to an attorney about the specific facts to determine if you have viable case.
Answered on May 26th, 2011 at 10:38 AM
Sam Louis Levine
I would urge you to hire an attorney that you have faith in & feel comfortable with. Good luck & I wish your husband a quick recovery.
Answered on May 26th, 2011 at 10:16 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I would doubt the store would offer more than the medical bills, if that, and I would think an attorney would probably get you more than that after taking out a fee....it would never hurt to consult with an attorney.
Answered on May 26th, 2011 at 9:08 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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Yes, you should discuss with a personal injury lawyer, that has handled these types of cases.
Answered on May 26th, 2011 at 9:01 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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I would try to handle yourself. Unless healing is complicated, the case has somewhat limited value. Feel free to contact me to discuss.
Answered on May 26th, 2011 at 8:52 AM
Theodore W. Robinson
My firm had almost exactly this same case and it was eventually settled advantageously for the client. However, it takes a lot of time and work and it is definitely not recommended that you try to do it yourselves. Companies love it when people do that because they usually have no idea of what it's worth and they settle for a lot less, thinking they've done well when they haven't. What you need to realize is an injury such as that can become far worse over time as it did in our client's case and it can be life disruptive. We don't suggest you do it yourselves. Hire a lawyer, it will make all the difference and is worth it. Good luck.
Answered on May 26th, 2011 at 8:48 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Because the injury appears to be minor, I suggest you handle it yourselves for now. The store might pay his medical bills, which is about all he would get in court if the store is liable.
Answered on May 26th, 2011 at 8:45 AM
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The smartest thing to do is hire an attorney licensed in the state where the injuries occurred. A personal injury and/or civil litigation attorney will have a much better chance at recovering ALL available remedies (or damages) stemming from the incident. One can always attempt to seek damages from the store by themselves (i.e. pro se); however, its best to hire a licensed experienced professional who has handled such types of cases.
Answered on May 25th, 2011 at 2:27 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You should consider taking photographs of the shelving unit before they fix it. As for retaining an attorney, you could always speak to one and provide more details to see if you have a case that is worthwhile for an attorney to handle. The two main factors will be the severity of the injury and whether they store was truly negligent with the lumber shelf that allowed for this to happen. If its just one bill and the doctor says there is no long term damage, just a sprain, you can probably get the store to pay for the medical bills. Their insurance (if they are not self-insured) usually has a med-pay provision that pays for medical expenses regardless of fault.
Answered on May 25th, 2011 at 12:57 PM
This case would be a difficult one to pursue, and you probably shouldn't try to pursue it on your own. An attorney would help you find out whether you have a viable case, and would help you pursue it correctly to make sure you are not cheated.
Answered on May 25th, 2011 at 12:14 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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See an attorney. The store will likely stonewall by not returning your calls or telling you they are not at fault. These claims often require litigation to get a fair response. Don't wait.
Answered on May 25th, 2011 at 12:13 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Hire a personal injury attorney.
Answered on May 25th, 2011 at 11:25 AM