Legal Question in Personal Injury in California

tripped in park

tripped on raised cracked path, broke r. wrist,thumb.phy.thy. 4 months. m.r.i. shows complete tear in rotor cuff. need surg. in future with more thy. both hands and arm, leg swollen,bruised. thumb still hurts when writing. bills will total 27,000 don't have atty. don't live in ca. was on vacation which was ruined. does insur. look at 3/5 times bills without atty?

Asked on 8/01/06, 3:29 am

6 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: tripped in park

Insurance companies don't have a standard multiple based on medical bills. They have fancy software now that usually results in low-balling most claimants. With regard to your case, if you tripped in a park, it may be owned by a government entity, and as such, you would only have six months from the date of injury to pursue your claim (or it will be forever barred). In addition, not every crack will consitute a dangerous condition for which the park owner will be liable. You need to act immediately if you are considering legal action. Feel free to email with any questions.

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Answered on 8/02/06, 1:52 pm
A. Russell Martin Law Office of A. Russell Martin

Re: tripped in park


If a government entity owns the park, you only have six months from the date of injury to pursue your claim. Otherwise, it will be barred forever. Therefore, you must act immediately if you want to pursue this matter.

You must also take immediate steps to preserve evidence. For example, you should extensively photograph the cracks and surrounding area. Make sure you get some shots with a ruler placed alongside and inside the cracks in order to show size.

As my colleague mentioned, not every crack constitutes a "dangerous condition."

Email me if you want to schedule a free phone consultation.

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Answered on 8/02/06, 3:32 pm
Terry A. Nelson Nelson & Lawless

Re: tripped in park

No insult intended, but 'dream on'. There hasn't been that high a 'rule of thumb' recovery computation in several decades. Without vigorous representation, I would guess you'll get essentially nothing. Even with good counsel, you'll have trouble succeeding and overcoming your own negligence in not watching where you were going. You have to prove dangerous defect and failure to remedy. That won't be easy. You will have to sue before having any chance at recovery. When you sue, you'll have to come to CA several times, including trial if it goes that far. If you think you can satisfy those issues, feel free to contact me.

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Answered on 8/02/06, 6:00 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: tripped in park

There are too many details to discuss on this system. I have done many of these types of cases. You can check out my website at and call me direct for a free consultation at 818.739.1544 ext. 15. You will want a lawyer who is experienced in these types of cases to represent you.

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Answered on 8/04/06, 4:55 am

Re: tripped in park

If this occurred in CA, you likely only have a SIX MONTH STATUTE OF LIMITATIONS in which to bring a claim or else it is forever barred. If you did not file the proper forms with the proper govt. entity w/in the proper time, you may be out of luck. Feel free to contact me but act quickly. Thanks for your question and good luck.

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Answered on 8/01/06, 10:26 pm
Charles Rossman Charles Rossman Injury Lawyer

Re: tripped in park

Id be willing to confer with you at no charge on this matter, if retained my fee would be 1/3.

An Ins. Co. often will not take your claim seriously without an attorney.

[email protected]

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Answered on 8/01/06, 10:34 pm

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