I was five months pregnant when I fell at a primary care center, due to a nasty wet bathroom floor. This caused me to have a placenta tear and I bled up until I had my little girl. They did not offer me any care when I told them I had fell or anything, and they barely even cleaned up the floor. How much would this be worth if I start a lawsuit against them?
7 Answers from Attorneys
A lot would depend on the overall health if your baby, any complications that occurred and any physical and/or psychological injuries you may have sustained from the fall. When did the fall occur? This is quite important. Also, was a report filed? Ambulance called? Witnesses that can corroborate your events? I would be happy to discuss this matter with you further. For an absolutely FREE consultation please feel free to contact me. Please email me your contact information to email@example.com.
Michael Krigsfeld, Esq.
most attorneys will not file a lawsuit unless there is a permanent injury.
examples: Type 1 - Death
Type 2 - Dismemberment
Type 3 - Significant disfigurement or scarring
Type 4 - Displaced fracture
Type 5 - Loss of a fetus
Type 6 - Permanent injury
A permanent injury occurs when a body part has not and will not heal to function normally.
It's impossible to tell you what your claim is worth. You need to have a consultation with an attorney. If the attorney takes the case, then they will do their investigation and determine what sort of damages will be sought.
Suing medical providers is difficult. Even though its a slip and fall case, it could be considered a medical malpractice claim requiring an expert report. I haven't checked the law on this in several years.
Generally to prove a premise liability claim you have to show the premise owner either knew about the water on the floor or should have know about it BEFORE you fell. If a warning sign was nearby then you have no claim.
Damages will be your medical bills, lost time from work, pain and suffering (subjective amount), impairment (subjective) and disfigurement (subjective). You can also ask for expense to and from other doctor and for $ spent hiring people to do things for you that your injuries made necessary. Any damage claim will be reduced by your percentage responsibility for contributing to the fall. You have a duty to watch where you're walking. A jury could find you partly responsible for falling depending on the circumstances.
Probably nothing. If the bathroom was as wet and nasty as you say and you went in there anyway - the fall is likely on you. However, you really didn't provide enough facts, so to be on the safe side you may want to consult with a local personal injury attorney. Best of luck to you!
Thank you for your inquiry. If your placental tear compromised the health of your daughter and you and/or she sustained a permanent injury because of your fall, you may be able to pursue claims accordingly. Please feel free to call me or one of my partners to discuss your claim at no cost to you. We will assist you in whatever way we can. (973)635-5400
Please note that while all the attorney's above answered your question, it is difficult for me to give you a cogent answer unless I knew what state you are in, or the state where the accident occurred. While tort law is similar nationally, each state has it's own legal requirements to bring a lawsuit, and out-of-state attorneys are not permitted to give legal advice, unless they are licensed to practice law in that state.
For now, the only question I have for you is, what state are you in? If not in CA, then an attorney licensed to practice in that state should respond.