Visitor Question

Personal Injury Slip and Fall Case…

Submitted By: Sheila (Saskatchewan, Canada)

I was walking in the parking lot where I parked my vehicle. I was going to get groceries at the Co-op store when I stepped on a rock and twisted my foot and then proceeded to slip into the pothole next to it.

I broke my foot in 2 places and have a cast to my knee. I cannot work because I am not allowed to use my foot for 8 weeks.

The parking lot is full of potholes and debris laying around. I took pictures of the potholes and where I broke my foot to keep for my records. I am wondering if I can sue the owners of the mall for my lost wages, pain and suffering, expenses and the trip I was going to go on in a week (it’s already booked and I can’t get a refund). I live in Saskatchewan, Canada.

If you could reply with some information or what direction I should proceed with this it would be great. Thank you!

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sheila,

Sheila:

The Canadian Court system, although similar to that of the United States, has its own unique set of rules and regulations. That being said let’s see if we can guide you through a process which will help you to recover compensation for your injuries.

You are correct in presuming the owners of the property may be liable for your injuries. To begin your quest for compensation we suggest you go to the local tax records department for the area which includes the mall property. A review of the tax records will give you the names of the owners of the mall property.

You should contact the owners and tell them about your injuries. They will probably refer the matter to their insurance company. Once you are contacted by the insurance company you should file a claim.

You will be seeking compensation for your medical bills, lost wages, and any out of pocket expenses. Additionally you should be compensated for the Pain and Suffering you endured and may continue to endure during the healing process. Although recovery for Pain and Suffering is never guaranteed, you should request such recovery by taking your medical bills and multiplying them by at least 3 or more times.

Although reimbursement for vacation costs is not usually recoverable, your request to be compensated for the money you will have lost should be part of your claim. It is real, and it is fair.

If the insurance company refuses to settle your claim for a reasonable amount you will have the right to file suit. If it comes to that you should seriously consider seeking a legal opinion from a skilled Personal Injury Attorney. Most reputable Personal Injury Attorneys do not charge for an initial office consultation. During that consultation you will learn the “pros” and “cons” of filing suit.

Personal Injury Attorneys do not charge any legal fees until and unless they win your case. “Winning” can mean settling the case for an amount which satisfies you, or going to trial and prevailing for an amount substantially higher.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 28, 2011

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