QUESTION
How can I get compensated for a personal injury?
Asked on Sep 03rd, 2011 on Personal Injury - Oregon
More details to this question:
I took a nasty fall in March of 2009 which required me to have surgery on my hand twice. I am losing use of my hand. I cannot find anyone to take my case because it happened in the parking lot and not by their door. When I went in, there was no ice on the ground, but there was some when I came out and hit a patch of ice that turned to water. Everyone I talked to says that "the laws have changed and you should watch for ice in a parking lot". But I was parked in handicap. After that fall, I lost pretty much everything I had and became unemployed. Can you help me to at least get my doctor's bills paid and get the balance I owed on the van paid or some kind of compensation?
16 ANSWERS
2 Awards
Your question requires a lot more information to properly evaluate your case. If your injury occurred more than two years ago and a lawsuit has not be filed, you may have a statute of limitation problem.
Answered on Sep 07th, 2012 at 3:49 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If I understand you right, there was no ice when you entered the store but by the time you left the ice that you slipped on had formed. If that's right, then you have a very, very weak case because the ice had only been there at most for the length of time that you were in the store. So how could the employees of the store have possibly leRned that the ice was there and have had a sufficient amount of time to do something about it? And what if the store doesn't own the parking lot? How would an absentee landlord have possibly learned about the ice in such a short period of time? That's why no lawyer wants your case, I suspect.
Answered on Sep 12th, 2011 at 5:33 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, you would have to prove that the owner of the parking lot knew of the ice, had time to salt or sand it, and did not do so. There is another possibility: some business owners have what is called a medical payments provision of a liability insurance policy. Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault
Answered on Sep 09th, 2011 at 8:01 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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I think you are too late. The statute of limitations is two years from the date of the incident and your claim lapsed this past March. You might contact the insurer for the property owner to see if there is a med-pay provision that is still viable for you to use and have them pay (where payment is made for medical expenses regardless of fault).
Answered on Sep 09th, 2011 at 7:58 PM
2 Awards
Ohio has a two-year statute of limitations in which to bring a claim for negligence. You would need to consult with an attorney to be sure, but it sounds like it's been too long.
Answered on Sep 09th, 2011 at 1:08 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You've waited too long to pursue your claim. In OR, you have 2 years from the date of the accident to file suit; otherwise your claim is ordinarily barred. There may be an exception but you should contact an attorney right away.
Answered on Sep 09th, 2011 at 12:48 PM
Contact your local bar association for referrals of accident and/or personal injury asttorneys for legal assistance, especially to advice you on the statute of limitation and the liability of the parking lot owner on your personal injury matter.
Answered on Sep 09th, 2011 at 12:43 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There seems to be a common notion that if you fall on my property I need to pay you something. That is a false notion. You have to prove you fell because of someones negligence. Carelessness. You have not mentioned that here. And you also have to prove you were not careless. If the business has medical payments coverage your medical bills might be paid but that is a matter of grace not fault. Have you checked out to see if there is med pay coverage?
Answered on Sep 09th, 2011 at 12:32 PM
Personal Injury Attorney serving Missoula, MT
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Judnich Law Office
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If this happened in Montana, you are getting poor advise. You have described the old law, but the new laws of this state are much more in your favor. We would be happy to talk to you about your case. Your statute of limitations (time in which you must have a lawsuit filed) in Montana is March, 2012. So you need to get moving.
Answered on Sep 09th, 2011 at 12:28 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Unfortunately, in Louisiana you only have one year from the date of the accident to file suit or to settle your claim. If you have not filed suit, then it appears that you have lost your legal right of recovery. In Mississippi, you have 3 years from the date of the incident.
Answered on Sep 09th, 2011 at 12:28 PM
In Utah, to prevail in a slip and fall accident you have to show that there was an unsafe temporary condition, and that the landowner was aware of the unsafe condition. It is very difficult to meet those requirements where the slip and fall happened in a parking lot where the temporary condition occurred during the time you were in the store.
Answered on Sep 09th, 2011 at 12:25 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Trying to prove the conditions that caused you to fall over two years after the event is the challenge. If the ice was typical for a parking lot and formed while you were shopping, that would indicate extreme weather (temperature drop) probably and will let the store owner off the hook.
Answered on Sep 09th, 2011 at 12:23 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You may be able to get medical expenses and lost wages paid under PIP insurance, if the accident happened while getting into or out of a car. But need to file suit within 3 years. As to the other claim as a result of the ice in the parking lot, you have a statute of limitations problem, since, you need to file suit within 2 years of the date of the accident. I do not know what type of attorney you spoke with, but you need to discuss your claims with an attorney who handles these types of complex claims.
Answered on Sep 09th, 2011 at 12:23 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Unfortunately you may have waited too long to file a lawsuit on your case. The Oregon statute of limitations on personal injury cases such as yours is 2 years. If you are in a different state it may be longer, so you may want to investigate that. You need to go in and consult with a qualified personal injury attorney as soon as possible.
Answered on Sep 09th, 2011 at 12:23 PM
Unfortunately, if this happened in Oregon, you waited too long. The statute of limitations for personal injuries to adults in Oregon is two years, which means that the statute expired in your case in March, 2011.
Answered on Sep 09th, 2011 at 12:22 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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The issue is whether the defendant had actual or constructive notice of the ice. If there was no ice when you went in there might not have been enough time to give the store constructive notice before you came out. That is probably why no attorney has taken your case.
Answered on Sep 09th, 2011 at 12:22 PM