Visitor Question

Tripped and fell on raised sidewalk while running…

Submitted By: Jeffrey (Carnation, WA)

I was on a run last Thursday night (around 11:30 PM) and I tripped on a sidewalk that had been raised due to a tree root. My hands both sustained injuries, mainly my right hand (cuts, scrapes, and a loss of half of my finger nail on my pinky). I’ve been unable to work for 2 days now (Friday and Monday) and haven’t gone to the doctor yet.

Is it required for me to visit a clinic to have more documentation regarding my case? Also would this be worth my time/effort to file a lawsuit? Against who would I file it against? I estimate that I will need at least 2 weeks off of work, and I have been unable to do most of my daily activities. What can I do now? 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 Jeffrey,

Fortunately, you were not more seriously injured. At this point, your injuries appear to be “soft-tissue.” Referring to injuries to the soft tissue of your body. This can include minor burns, cuts, abrasions, whiplash, strains and sprains of muscles, tendons and ligaments, and similarly minor injuries.

You are correct when suggesting you would be required to have medical documentation of your injuries. To be compensated for your medical bills and lost wages will require you to have seen a physician immediately, or as soon as was reasonably possible after your fall.

Unfortunately, because you haven’t seen a physician yet, any demand for compensation you may make will be difficult because of the time delay. Because you have no supporting documentation linking your injuries to the fall, an insurance company will very like contend your injuries occurred subsequent to your fall, as a result of a separate and unrelated incident.

Additionally, you have no evidence supporting the occurrence of the fall. This includes a lack of witnesses, photos, ambulance records, and as previously stated, medical records.

While we would never attempt to dissuade you from pursuing a personal injury claim, doing so may be a frustrating and ultimately futile enterprise.

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: October 17, 2017

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