A fire extinguisher fell on my foot in Walmart on my Birthday. It didn't break anything yet two weeks later I'm still experiencing swelling and numbness. I didn't go straight to the ER due to personal issues bot weather and transportation wise. How good of a case do I have?
2 Answers from Attorneys
For a bruise that was not even bad enough to see a doctor? None, really. You have damages -- meaning, money spent on medical bills, etc. Things also do not generally fall on their own, so no one here can say whose fault it was in the first place.
Many attorneys will not even consider a premises liability case unless you went to the doctor within 48-72 hours, regardless of the reason you didn't go. The person may still technically have a case under the law. But attorneys can have their own criteria for acceptance of any case. Insurance companies and corporate defendants have a strong argument that someone wasn't really hurt if they didn't go to the doctor. There may be exceptions but they are very limited. So, if the person can't find an attorney to take their case, then it really doesn't matter if they technically have one under the law (unless they want to hire and pay an attorney, rather than finding an attorney to take their case contingent on the outcome). That all being said, anytime anyone is in doubt about whether they have a case, the best course of action is always to call an attorney immediately for a free consultation. If there is a possible case, calling earliest can lead to the best possibility of finding an attorney, and getting a recovery. Attorneys can also give instructions earlier in the case about the impact of certain types of medical treatment on case value. Waiting to call an attorney is a big mistake. Also, you don't say whether you reported the case. But reporting to the store is pretty important also. Because of your lack of prompt medical treatment, we would not be able to accept your case. Plus, even if you had immediately gone to the doctor, your injuries do not appear serious enough to justify a lawyer. Perhaps your story will be a lesson to others in the future -- QUICK medical treatment is not optional in most injury cases. Excuses about weather, transportation, etc, never matter. Good luck in your healing.