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Posted Jan 3rd, 2012
is it too late too seek legal help? i fell and hurt my knee 3 weeks ago but did not seek medical
treatment right away. now i need to see a dr.

Additional Details:
I fell at an establishment and hurt my knee but did not go to a doctor because i did not want to
miss work, Now i realize that was stupid because my knee is worse than ever. We notified the
business when it happened. Is it too late to try to get some legal help? I am out of work. I need
medical treatment. I do have health insurance. I just worry about the money I will be missing due to
me being out of work.
Legal Topic Area: Personal Injury in IN | 4 Answers

1st Answer

No, it is not too late to seek legal help. Go online and look for an experienced personal injury lawyer who works on a contingency fee (no fee if no recovery and no fee in advance) If your case is otherwise solid, the fact that you waited to get medical help won't keep you from getting a lawyer. Good luck.

Andy Gillin, Senior Partner

GJEL Accident Attorneys


Answered on Jan 3rd, 2012 at 7:56pm


Other Answers

It is definitely not too late to seek legal help. In fact, I would say the most important thing for you to do right now is to continue to follow the advice of your doctors and get yourself healed up. However, it would be too soon to try to negotiate with an insurance company to settle your case because right now it sounds like you don't really know the extent of your injuries. If the establishment where you fell was negligent, then they would be responsible for your injuries, unless your negligence exceeded theirs. Certainly, your time off work would be an element of your damages, and that could continue to increase until your injuries heal. It may be that the location where you fell has what is called Medical Payments Coverage. Typically, this insurance coverage is available irrespective of whether you were at fault or not, and this could be used to pay for your medical expenses. Usually, the limits on med pay coverage are fairly low, but still, it can help to offset some of your medical treatment costs.

I would strongly encourage you to seek out an attorney to at least discuss your legal rights. I practice with the Indianapolis personal injury law firm of Goodin Abernathy, LLP, and I would be more than happy to answer any questions you might have.


Answered on Jan 11th, 2012 at 2:04pm

It is not too late to seek legal help. Most importantly, you need to get your knee examined. Your health is the most important. I strongly advise that you don't wait any longer, as the insurance company can argue that you were not that hurt because you did not seek treatment right away. I think your explanation of why you didn't treat is reasonable, but it becomes more difficult to argue the longer the gap is. Contact an experienced slip and fall lawyer in your area immediately. Good luck!

Steven A. Schwartz

Attorney/Partner

JOEL H. SCHWARTZ, P.C.

One Washington Mall, 16th floor

Boston, MA 02108

(617) 742-1170

(800) 660-2270

(617) 250-2072 fax

sas@joelhschwartz.com

www.joelhschwartz.com


Answered on Jan 16th, 2012 at 2:33pm

The short answer is no. You have up to two years from the date of the fall to file your claim in court against the establishment. However, in order to prevail on a liability claim you will need to show that your fall was the result of negligent conduct on the part of the establishment, not just that you were injured on its premises. You may also be entitled to payment only for the medical expenses by just showing that you were hurt as a result of a fall on its premises under the medical payments provision of its liability insurance policy. I would see medical attention as soon as possible because the longer you delay in seeking treatment, the more difficult it will be to show that the injury was a result of this fall and not some other condition or occurrence.


Answered on Jan 29th, 2012 at 1:54pm