Legal Question in Personal Injury in California

I was walking out of Chase Bank into their parking lot and slipped on some trash, dislocating my shoulder and fracturing my upper numerous. It has been 3 months, pain medicine and 10 visits to physical therapy and I still do not have full mobility of my left arm and it hurts continuously. I've had about two months of painful sleep sessions.

An insurance company representative for Chase contacted me and took a full statement.

Can I go to Small Claims for pain and suffering. So far the only loss I've had, not counting the mistakes I've made in my home business, is my favorite shirt the first responders cut off of my dislocated shoulder.


Asked on 12/03/14, 6:30 pm

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Get yourself a personal injury attorney. The attorney should not ask you for any money up front. The insurance carriers will typically low-ball a person who is not represented and make you sign away your rights to further pursue a claim. Fractures and dislocations have value which could be greater than the $10,000 limit of small claims court.

Read more
Answered on 12/03/14, 7:46 pm
John Molina Jr. Law Offices of John Molina

In California, a victim of a personal injury is entitled to, amongst other things, any pain & suffering suffered as a result of the personal injury incident. What types of claims and the amounts are something that you would need to speak to an experienced attorney in the field of personal injury practice. One that will provide you with the personal attention you need, and who will inform you of your rights.

If you are interested in having a consultation with a competent, aggressive attorney that will do just that when handling your personal injury matter, contact our office at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.

Read more
Answered on 12/03/14, 7:51 pm
Len Tillem Tillem McNichol & Brown

It's important to note that if you sue, you have to sue for all of your damages, including both non-economic damages (pain & suffering) as well as economic damages (lost income, medical bills. Your health care provider, even if it's Medi-Cal, has a statutory lien on whatever you recover from Chase, so you have to claim your medical expenses as well, even if paid by your health insurance provider.

Read more
Answered on 12/04/14, 10:42 am
Sharona Eslamboly Hakim Law Offices of Eslamboly Hakim

Although you can sue the defendant in small claims court for your injuries and damages, your injuries appear to be severe and appear to exceed the jurisdictional limit of small claims court which is only $10,000.00. It would be prudent for you to seek the advice of an attorney and see if you have a case that would warrant filing in unlimited jurisdiction. If it can be determined that the defendant�s negligence caused your injuries and damages, then your injuries may clearly be valued in excess of the small claims jurisdictional limit.

My office provides free initial consultations on all cases and we represent injured people like you on a contingency basis which means that you do not have to pay us any attorney�s fees unless we recover a settlement for you. I have been an attorney for almost 20 years and I have exclusively represented injured people like you in my career. My office provides unparalleled representation to all of our clients. We are aggressive and we fight for all of our clients in order to get the compensation they serve for their injuries. Please visit our website at hakiminjurylaw.com and you can contact me directly at 1800-LAW-TALK.

Read more
Answered on 12/04/14, 12:47 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California