I was coming out of a Navy federal credit union (the credit union is in a plaza) about 9 days ago when I stepped on a pothole in the uneven pavement. My foot swelled up and I thought I had only sprained it. But the swelling still has not gone down and I'm afraid that I might have ligament damage or some other serious injury. I was with my wife when this happened, she was in the car and saw the whole thing.
Do I have a lawsuit?
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ANSWER for "Injured Foot in Pothole...":
James (Georgia, USA):
Before you consider a lawsuit there are several issues to be reviewed. You must seek treatment for your foot. If you do have ligament damage and had no pre-existing injury to the same foot you might consider seeking reimbursement for your medical bills.
You must first do some research and find out who owns and who manages the plaza. This information is usually located in the county records or tax department in the county in which the plaza is located.
Normally plazas, shopping centers, and office buildings are owned by one company and managed by another. Once you locate the name and address of the owner(s) you should contact them and ask who manages the property. You can also go into one or more of the stores located in the plaza and ask them who manages the property. Normally their rent checks are made payable to the management company.
Once located you can send them certified letters explaining what happened to you while asking them to reimburse you for your medical bills. You can also ask them to reimburse you for your out of pocket expenses which may include any prescriptions, bandages and even any parking lot fees if you incurred at treatment locations during your recovery.
You can also ask them to reimburse you for your lost wages when you were recovering and unable to work. You can ask them to pay an additional amount for your pain and suffering.
Hopefully they will refer the matter to their respective insurance companies. If they do you will be contacted by an insurance company representative, also known as a Claims Adjuster. They will probably already have copies of your medical bills and other information you had previously sent to their insured.
It will be up to the Claims Adjusters to decide if they are going to accept liability and pay you the amounts you have asked for. If the Adjusters do not accept liability your next step will be to file a lawsuit.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.