I walked into a 7-11 store and slipped and fell in water ,it had just rained-do I need an attorney

I walked into the store and slipped and injured my ankle there was no sign up the clerk watched it happen and then said I guess I should put that wet floor sign up. 2 hours later I went to the er they xrayed there was no break said it was praobly sprained-the next day I went to my foot dr. he did more xrays put my foot in a soft cast and ordered and mri to see if there are torn ligaments. I did call the store that night to see if there was an report or something to fill out they said no and gave me a number to call I called and did a report over the phone and now they wont return my calls

Asked on July 3, 2009 under Personal Injury, West Virginia


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Find out the address for the store's insurance company and send them a letter detailing what happened, when, and what your injury status is.  Tell them you called to file a claim but have not received a call back.  Give them 10 days to respond.  If they do not, then call an attorney for assistance.  You have plenty of time since the statute of limitations on personal injury claims in W. Va is 2 years from the date of the accident.  But you should move it along.  In the mean time, make sure you keep good records of the accident, and document all your medical visits and treatment.  Keep copies of your bills.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If they won't return your calls, maybe they'll return your lawyer's call -- or, more likely, answer his letter.  I don't think you have any other choice if you want to pursue this, but to hire an attorney.

You might have a moderately severe injury.  The real question in this case will be whether the store was negligent (carelessness meeting the legal standard), and how much of the carelessness was yours, if you stepped in a puddle on the floor without watching where you were going.

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