Re-Injured Knee in Fall...

by Lisa
(Chicago, IL USA)

On 01/14/12 at approximately 3:15pm I got out of my car and was walking to the door at a local chain auto repair shop. I slipped on snow and re-injured my knee from a previous workers compensation case on 06-30-11.

I did inform the service person at the shop that I fell and hurt my leg in the parking lot and could not walk, so I needed my car pulled to the door upon completion of repairs. Now I cannot walk, what should I do?

Visitor Question:
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ANSWER for "Re-Injured Knee in Fall...":

Lisa (Chicago, IL, USA):

The first action you took after your fall was correct. You notified the management of your injury. That means you have documented the fall at the time of the injury.

The second action you should have taken was to drive yourself directly to either a local medical clinic or to the local hospital.

If you are considering pursuing a personal injury claim against the auto repair shop you will have to possess documented medical evidence of your injuries. From the facts you present it doesn't appear you have yet gone to the hospital or medical clinic. As a result you have already hurt your chances of pursuing a legal claim against the auto repair shop.

The time lag could permit others to believe your injuries may have happened subsequent to your fall. Even though you reported the fall you didn't follow up with medical attention and documentation.

So from the time you were injured until the time you decide to seek medical attention others will think you may have injured yourself somewhere else. At least you can be sure that is what the auto repair shop's insurance company will say.

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,

Judge Calisi

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