Cattaraugus County, NY Personal Injury Law Firms & Lawyers

It is impossible to answer your question without knowing what injury you suffered, the amount of medical bills incurred, lost wages and how long you were disabled due to the injury. You truly need to talk to an attorney to obtain an opinion once you provide more information including whether the injury was due to the negligence of another person.

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of all of your medical records and have an OB/GYN review them if he/she is willing to testify that your previous doctor(s) failed to conform to accepted practice, then you have a case.

Assuming this fall occurred in Nebraska, the "major retailer" may be responsible for your medical bills and other damages. The following is a general overview. The specific facts involving your fall would permit a more thorough answer. Before the retailer would be responsible for your damages, you must prove they were at fault for your fall. The only exception is if the retailer carries Medical Payments Coverage, which would be paid, up to coverage limit, for your medical bills regardless of fault or liability. However, there is no requirement that they carry this insurance coverage. Generally, to prove liability for a fall on property you must prove: 1. That the defendant (the retailer) either put the water in the parking lot, knew of the water, or, by the exercise of reasonable care, would have discovered the water; 2. That the defendant should have realized that the water involved an unreasonable risk of harm to people on their property; 3. That the defendant should have expected that people either: would not discover or realize the danger; or would file to protect themselves against the danger posed by the water; and 4. That the defendant failed to use reasonable care to protect people from the danger posed by the water. Part of the answer as to who might be responsible depends on a number of questions involving the water, including, but not limited to: how large of area of water was it; what were the lighting conditions/ how visible was the water; how long was the water there; what was the source of the water being on the ground/floor; did the retailer have knowledge about the water before your fall. While you may not know the answers to these questions they would determine whether the retailer is liable for your injuries, medical expenses, pain, suffering and other damages. In addition, you would have to examine your own actions in determining whether you were 50% or more at fault. In Nebraska, to recover you must be less than 50% at fault for your fall. The main question as to your own possible fault would involve "lookout" and whether you were watching where you were walking. This answer and information is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forgo representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.