Legal Question in Personal Injury in California

Personal Injury at a Store

I was recently injured at a store and need advice. As I was walking into the store my shoe caught part of the sidewalk that was missing concrete. I then tripped and fell I reported it to the store manager and saw my dr. a few days later. Dr. report says sprained ankle and menisius of the knee. Dr. told me menisus is cartilage damage that can not be fixed and I will for ever have pain in that knee. I have spoke w/stores insurance and they said they will call me in 2-3wks after they review all information. I need advice to know if I should contact a lawyer now or wait till I hear back. This is pain for life and I'm young what would be a good settlement.

Thank you for your time and any help you can give me.

Asked on 9/22/05, 12:24 pm

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7 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Personal Injury at a Store

The settlement amount is determined by the severity of the injuries. Without reviewing the medical records (which the insurance company will do), it is difficult to assess the reasonable or probable settlement amount. In addition, the store can contest liability, which means that they dispute they are responsible.

At any rate, I would see what the insurance company offers before getting a lawyer involved. However, be prepared to be low balled. We deal with settlement negotiation with insurance companies, and are willing to help you if you wish. Feel free to contact us anytime.

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Answered on 9/23/05, 4:37 pm

Tyler Barnett Yuhl Stoner Carr LLP

Re: Personal Injury at a Store

You should contact an attorney right away. Most attorneys, like myself, will give you a free consultation. The most important issue in your case might be whether or not the dangerous condition constituted a "trivial defect." This is a highly disputed and complex area of law. Historically, the trivial defect doctrine focused on the height differential of a trip hazard. 3/4 of an inch was the threshold. There are now many factors involved such as visual cues and conspicuity; exposure, jagged edges, etc. Feel free to contact me.

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Answered on 9/22/05, 3:30 pm
Aaron Davis Law Office of Aaron M. Davis

Re: Personal Injury at a Store

Insurance companies thrive on settling claims with people who don't retain lawyers. You are unlikely to get a fair shake for medical damages, pain and suffering and future medical costs if you don't retain an attorney. You should consult with an attorney before entering any agreement with the insurance carrier.

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Answered on 9/22/05, 3:37 pm
A. Russell Martin Law Office of A. Russell Martin

Re: Personal Injury at a Store


Calculating damages is more of an art than an exact science. Therefore, I would need a lot more information about your case before I could estimate a reasonable settlement figure. However, you should definitely talk to a lawyer right away to ensure your rights are fully protected. Moreover, you need to photograph the dangerous condition before the store repairs it. Go to the store today and take photographs of the entire area. You should also photograph someone holding a ruler next to the defective sidewalk to show both the size and depth of the hole left by the missing concrete. Also, make sure you seek additional medical attention as necessary.

Unfortunately, there is not enough space here to advise you about everything you need to know.

Feel free to call me for a free consultation.


A. Russell Martin, Esq. (SBN 226244)

Law Office of A. Russell Martin

3925 Spring Hill Road

Petaluma, CA 94952

E-Mail: [email protected]


DISCLAIMER: This reply does not constitute legal advice. The Law Office of A. Russell Martin (hereinafter "Attorney") cannot render a considered legal opinion based on the limited information provided, so you should not rely on the general legal information contained herein, which may or may not be applicable to your case. Attorney cannot guarantee a particular result for your case and nothing in this e-mail constitutes a representation regarding the merits of your potential claims. Moreover, this reply is not an offer for professional services. Attorney will not take any action on your matter and no professional relationship will exist until Attorney and all prospective clients sign a separate written fee contract according to subsequently negotiated terms. Please be further advised that the law imposes strict time limitations for filing civil actions ("statutes of limitations"). Statutes of limitations are often very short and all potential claims will be lost forever if you fail to file them with the court or appropriate administrative agency in a timely manner. Consequently, you should immediately contact Attorney or another lawyer to fully protect your legal rights.

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Answered on 9/22/05, 4:53 pm
David Lupoff Law Offices of David B. Lupoff

Re: Personal Injury at a Store

You need to contact an attorney immediately so to protect your rights. Feel free to contact me for a free consultation at, 818.943.0462.

Best regards,

David B. Lupoff, Esq.

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Answered on 9/22/05, 10:16 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Personal Injury at a Store

I regulary do premises liability cases. Do not proceed or go any further without a lawyer if you want maximum results. I have not read the other attorney responses above. I highly suggest you call me for a free consultation.


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Answered on 9/23/05, 12:35 am
Charles Rossman Charles Rossman Injury Lawyer

Re: Personal Injury at a Store

You'll need a lawyer. I do house calls.

Charley Rossman

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Answered on 9/23/05, 12:59 am

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