QUESTION

What steps do I take to file a case?

Asked on Jun 05th, 2014 on Personal Injury - Oklahoma
More details to this question:
The hospital parking lot lights where out. Yesterday, I fell stepping up to the curb. I busted up my knees, hip, elbow and hands. ER doctor and nurses rushed to the back of the building to help put me in a wheelchair. I was processed through ER, they took my insurance card and 2 security guards took a statement. ER took X-rays. Nothing was broken but I was banged up, bruised and sore badly. They gave prescription for pain medication. They said to follow up with my doctor. I took pictures of my bruises and swelling. What should I do now?
Report Abuse

1 ANSWER

Not every bump or bruise is someone else's fault. Also, just because someone from the hospital assisted in the aftermath, does not mean the hospital is liable. For personal injury issues, such as this slip and fall, you look to who owed a duty to whom. Was the entity advised the lights were out? Were there warning signs? Where exactly did the accident happen (public property, private hospital property, other private property,etc.)? Did you have a flashlight? Was it light outside, dusk, nighttime, dawn, etc.? Generally, under Oklahoma law, for a person/entity to be found liable for personal injury, there must be: 1) a duty to protect, 2) a breach of that duty, 3) damages/injury, and 4) a causal link between the breach of duty and the damages/injury.Generally, in Oklahoma, one has 2 years in which to file a lawsuit for damages. Your next step would be to seek the assistance of a personal injury attorney to assess the damages/injury and the duty.
Answered on Jul 07th, 2014 at 5:02 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters