If I fell in a puddle at a hospital and they admit they knew it was there, can I sue?

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If I fell in a puddle at a hospital and they admit they knew it was there, can I sue?

I was walking into the Emergency Department and there was a puddle of nacho cheese spilled in the walkway that was not marked. I am currently 9 months pregnant and was carrying my 16 month old daughter. I fell on my back and have been having ongoing issues with it. Should I speak with a personal injury attorney?

Asked on July 18, 2011 under Personal Injury, Ohio

Answers:

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

Answered 10 years ago | Contributor

When you complete your medical treatment for your back injury and are released by the doctor or are declared by the doctor to be permanent and stationary which means no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of any wage loss.

Prior to filing a lawsuit, it may be possible to settle your personal injury claim with the hospital's insurance carrier.  Your claim will consist of the medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance carrier, reject the offers and file your lawsuit for negligence against the hospital.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 

It would be advisable to speak with a personal injury attorney.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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