Legal Question in Personal Injury in Louisiana

Should I sue for an injury

I fell going down the stairs at my apartment complex. All of the lights are out and it was very dark. I sprained my ankle badly, missed a week of work, and now have to wear a brace for at least 2 weeks. I even have to sleep with it on. I missed more work for a second dr appointment and will have to miss again for another follow up. It's been very painful and frustrating and costing me money. Even after we told them I was hurt they still two weeks later have not fixed any lights. It wasn't my intention to sue, but it's costing me money and personal comfort, and it make sme mad that they haven't even fixed one light. Do I have a case and if I do should I proceed?

Asked on 8/07/08, 11:09 pm

3 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Should I sue for an injury

I agree with Mr. Lambert, but if you want to try something on your own, you should contact the owner or manager and find out who carries their liability insurance. If they won't give it to you informally, write a certified letter briefly outlining what damages you suffered, and give them say, 10 days to respond or you will be forced to take legal action. Hopefully they will contact their insurance company who will then contact you. If not, then get an attorney. By-the-way, get yourself some good renters insurance, to include liability coverage. That is to protect yourself.

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Answered on 8/08/08, 9:22 am

laurence cohen laurence cohen, attorney-at-law, aplc

Re: Should I sue for an injury

Your question points out the mindset of most claimants. Unless you are near the one year prescriptive period in Louisiana, you do not have to file suit immediately. You can attempt to settle this claim with the insurance carrier either by yourself or with the assistance of an attorney. The problem of trying to settle the claim yourself is twofold. First, you can never be sure that you have recovered all that you are entitled to. An attorney is able to review medical records to make sure there is not some hidden condition that may cause problems in the future. An attorney can help you make a claim for all of your lost wages past and future. The other difficulty with trying to settle with an insurance company yourself is that they are masters of stringing claimants along and can often lull you into a position which causes you to miss an important deadline. You have a great claim against your landlord, and my recommendation is to hire an attorney to get you fair compensation for all of the losses you have suffered.

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Answered on 8/08/08, 9:35 am
Adam Lambert The Law Office of Adam S. Lambert

Re: Should I sue for an injury

It sounds as if you have a valid claim. You should contact a personal injury attorney in your area. There are several very good attorneys on this site to choose from.

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Answered on 8/07/08, 11:14 pm

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