La Salle, MI Personal Injury Law Firms & Lawyers

In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, you would have to prove that the owner of the gas station knew of the hole, had time to repair it, and did not do so. I have had cases similar to yours, with success, but don't get the idea you can handle this on your own. Most personal injury lawyers will give you a free consultation, so find someone in your area who is willing to take the case.

The first issue is whether or not there was negligence. If the doctor missed the diagnose and should have been able to discover this earlier you meet the first element. The next is whether earlier diagnose would have led to some other treatment options. This is the difficult part and will likely be defended. The third is damages and it appears that the pain and suffering aspect will be limited by Ohio's cap or limit on non-economic damages. All in all, tough case but you might want to discuss this with an attorney and have him review your history and the medical records. If you just discovered the injury less than 1 year ago and/or are still treating with the doctor you do not have a statute of limitations issue yet but you should act promptly as there is a statute of repose which is 4 years from the date of the injury no matter what. Hope this helps.

I would suggest you buy an hour of attorneys time and explain all of the situation. If you are in Michigan which is a no-fault state then your insurance would be the one who will be paying your claims, and they will go after the other insurance company or uninsured driver.