Concrete Hazards Cause Slip and Fall...
(West Sacto, CA, USA)
I slipped and fell in a parking lot at a medical hospital. I stepped over a puddle of leaves, water and debris so I wouldn't get wet or slip. I needed to get on to the walkway so I could go to my doctor's appointment. I broke my left leg and took my foot off my ankle of my left leg. The day was very wet, cold and foggy in the early morning.
My injury was very severe and left me very injured. My attorney has dropped out because the hospital will not pay. They found that there's nothing wrong with the concrete. My attorney will stay if I could find a specialist for the area of concrete.
I feel I got the wrong attorney and this has been going on for 2yrs now. Why isn't he looking at the condition of me stepping over the puddle of debris and the mud near the area and the moss where the water also drains. Plus there were NO WARNINGS AND MATS in the area.
The hospital has a regular maintenance crew that cleans around the area. Also the concrete where the puddle lays has a dip in it, so it can not relieve itself to drain.
Now the hospital has put up new bar rails in the spot where I fell. I also know that an AMR paramedic slipped too, but he was caught by another coworker.
I can't believe this attorney does not work with a team, just by himself, wrong decision on my part. I now have to pay my medical bills back. I don't think he could take on a big hospital and he says I would also have to pay them for the concrete specialist if they find nothing wrong with the concrete. What can I do? Thank you.
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ANSWER for "Concrete Hazards Cause Slip and Fall...":
Your negative experience with your Attorney is regrettable. You should not lose hope though. Our main concern is the Statute of Limitations period.
In the State of California the Statute of Limitations in a case similar to yours is 2 years. By this we mean if your case did not settle within a 2 year period from the date of your injury and a lawsuit was not filed by your Attorney within that time as well, then you will have lost most, if not all of your legal rights to litigate against the hospital.
Let’s presume your Attorney did file a lawsuit within the 2 year statute. If she did you are on safe ground, and should be able to seek new counsel. Beware though, if your Attorney has either withdrawn from your representation, or you have fired her, there always exists the possibility the case may be dismissed and you wouldn’t even know about it.
If you are no longer represented by counsel you should immediately notify the court of your address. That way if the court is going to consider dismissing the case for “Want of Prosecution” – meaning the case has been sitting idly for too long – you will at least have time to take some action before the dismissal date.
If you are dissatisfied with your Attorney you should seek new counsel. If you do, make sure your first Attorney withdraws any “lien” she may have on the settlement money. If she does not it will only make finding another Attorney more difficult.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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