QUESTION
What can be done about my granddaughter slipped in the store in water of the floor?
Asked on Jul 30th, 2013 on Personal Injury - California
More details to this question:
My granddaughter slipped in Brookshire’s store in water in the floor. She was sent through therapy and was told of a messed up meniscus. She is 7 years old we had a lawyer for one year he did nothing. My daughter talked to him one time in a year her case date was up July 18 2013. Now Brookshire’s said they can’t do anything about because it’s been a year, it is the lawyer fault. What can been done somebody please tell us if something can be done.
12 ANSWERS
Ronald A. Steinberg
Get a legal malpractice lawyer. The lawyer who did nothing during the one (1) year may be responsible for paying the medical bills up to the limit of the medical payments insurance limit. As to the claim for pain and suffering, you must prove that the store knew or reasonably should have known of the water on the floor in enough time to clean it up before your daughter came along, and that she could not see or avoid the water.
Answered on Sep 11th, 2013 at 12:46 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Find another lawyer. If you are in South Carolina, you have three years to bring a case. Plus, since she a minor, the statute of limitation does not begin to run until she is 18, after which she has a year to file a lawsuit.
Answered on Aug 01st, 2013 at 10:52 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Get your file to a new lawyer, ASAP. In many states, the statute of limitations is tolled until the injured party reaches the age of majority, so their may still be time to bring a case if one can be brought. Otherwise, you may have a cause of action against your daughter's previous lawyer, but you would have to prove that the case against Brookstone was viable in the first place, and there likely were some liability issues there to begin with. A fresh review could answer these questions.
Answered on Aug 01st, 2013 at 10:50 AM
Thomas Edward Gates
A meniscus tear often is not serious, so she may not need surgery. You do not indicate when the accident occurred. If the statute of limitation has indeed run out, you can sue the attorney for malpractice.
Answered on Jul 31st, 2013 at 9:26 PM
James Eugene Hasser
I'm not sure the store would be liable. Just because you get hurt on somebody's property doesn't necessarily make them liable. You have to prove they were at fault. In Alabama, you have 2 years to file. So, there would still be time.
Answered on Jul 31st, 2013 at 9:08 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Let us start with whether or not you have a good case. just because there is water does not make a good case. you have to prove the defendant knew about it and did nothing about it. there is no one year statute for a child. The statute does not begin to run on a child until the child reaches majority (18) I don't think you know what you are doing. Why don't you get a good lawyer to review your case.
Answered on Jul 31st, 2013 at 8:47 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
at
Gary Lee Platt
Update Your Profile
I don't know where you heard that a case is "up" after a year, but that is NOT true. First of all, the statute of limitations on a personal injury case (sounding in negligence) is TWO years, not one, from the date of the incident. Second, if a MINOR is involved, the two-year period doesn't even BEGIN to run until the child turns 18, then proceeds two years from that point. If the store's people are telling you the claim has somehow "expired" after one year, THEY ARE LYING TO YOU. Your attorney should know this, however, if he is doing nothing because he either doesn't know or is not interested in handling your case anymore for some reason, you will need to find another attorney. You should make an appointment to go meet with your attorney and discuss what is happening with your case, ask pointed questions and do not let your attorney dodge them. If you aren't satisfied with what he tells you, find one you can trust.
Answered on Jul 31st, 2013 at 8:28 PM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
First, you should definitely get another lawyer. Secondly, the statute of limitations is not one year it's two years, but in any event, it does not begin to run until she turns 18. So you have plenty of time here.
Answered on Jul 31st, 2013 at 7:07 PM
If the statute of limitations is one year in your state, then the lawyer seems to have been guilty of malpractice. Contact him and find out why he did not act on the case and what defense he has as to his failure to act. The child's mother should do that.
Answered on Jul 31st, 2013 at 4:21 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
In Florida, the statute of limitations is 4 years, so you've got 4 years within which to file suit. Fire the lawyer and hire another one; you can do that.
Answered on Jul 31st, 2013 at 1:50 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
at
Law Offices of Andrew C. Sigal
Update Your Profile
I am not sure where this incident occurred. Regardless, apparently the Statute of Limitations is one (1) year in that State. This means that if your granddaughter's attorney failed to either (1) settle the claim with Brookshire or (2) file a lawsuit within one (1) year from the date of the incident, then your granddaughter will not be able to recover any money for her injuries and damages. I would recommend that your granddaughter consult with an attorney who practices Legal Malpractice law. She may have a claim against the attorney who represented her.
Answered on Jul 31st, 2013 at 1:09 PM
Insurance Defense Litigation Attorney serving Auburn, CA
at
Graves Law Offices
Update Your Profile
First of all the statute of limitations is two years from the date of loss, so if it has only been one year nothing has been compromised. To the extent the attorney is not doing anything, you can either find a new attorney or call the existing one and request that he take action and if you get no satisfaction you can contact the state bar.
Answered on Jul 31st, 2013 at 12:53 PM