Legal Question in Personal Injury in California
I was hit on my back and leg with a store fixture while shopping at the Home Depot. I was hit by the end of a fixture that was not srewed in correctly. There was no notable injury on my back but the skin on the back of my leg was scraped off from about half of my calf to my heel. I was bleeding and unable to put pressure on that foot. I went to see a Dr. right after. Nothing was broken but I could not walk on it and was put on crutches. I was treated for the abrasion. The manager at home depot said they were very sorry. Am I eligible for any compensation for the pain?
3 Answers from Attorneys
I think you may very well be entitled to compensation. At minimum, they should compensate you for your medical bills. Providing they do not have a contributory negligence defense, you may also be entitled to general damages. However, without legal representation it may be very difficult to collect any money from Home Depot since their legal department is very skilled at handling similar issues on a day to day basis. If you would like a free consultation, please contact me at 1.877.505.INJURY.
I somehow doubt the amount of money you could collect on this will justify a lawsuit or an attorney. You can try negotiating with their claims dept. for a cash settlement, say the amount of your medical bills plus $1-2,000, and let them know that if they don't settle, you'll take them to small claims court and get a larger judgment. The limit there is $7500 and should be enough for a claim like this. I am guessing here that your medical bills are not more than $500. If they are much more, it may be worth more.
I agree with Mr. Dinday. For the amount of compensation you are entitled too, you may be better off handling it yourself. However, before accepting a final settlement be sure you understand exactly what your injuries are and the long term effects.
Best of luck,
Bryan
Bryan C. Becker
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