How do you know if an injury is significant enough to contact an attorney?

I suffered a concussion due to what I believe is a design defect in a bath mat. It actually became slippery and caused me to fall instead of preventing it. I purchased the mat the day before from a major retail store. I wrote an email to the store and have been contacted by a woman who said someone else will be contacting me. I called an attorney and he said because I wasn’t ‘catastrophically’ injured, I had no case. I had blurred vision, slurred speech, head, neck and shoulder pain, short term memory problems, and nausea. My doctor wrote me off work for the rest of the week. What should I do?

Asked on July 22, 2012 under Personal Injury, Michigan


Jeffrey Kaplan / Law Offices of Jeffrey S. Kaplan

Answered 8 years ago | Contributor

It's very difficult in Michigan to sue for personal injury. The laws do not favor plaintiffs and it can be very expensive for an attorney who is working on contingency. You should know that there are many different areas of personal injury law - medical malpractice, auto accidents, premises liability, etc. I agree with my colleague that you don't want to contact just any personal injury lawyer. You need to contact an attorney who specializes in product defects. Many attorneys offer free consultations, so you should keep calling until you find an attorney who can help you. 

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

There is no real formula for determining whether or not an injury is serious enough to pursue an injury claim.  Unfortunately, some personal injury attorneys are only interested in handling the "catastrophic" injury claims.  That does not mean you do not have a claim.  You have legitimate damages.  However, with your case you are going to have to show a defect in the bath mat and additionally, you have to show that defect caused your injury.  I would suggest you try contacting a few other personal injury attorneys, especially attorneys who specialize in product defects and product liability.  Just because one attorney did not feel your case was significant enough, does not mean you do not have a case and it does not mean you can't find an attorney to assist you.  Good luck to you.  

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