Salineno, TX Personal Injury Law Firms & Lawyers

In order to prevail on a personal injury claim against the store, you must be able to prove two things. The first is that there was a dangerous and defective condition of the floor. If a floor is a wet and that makes the floor slippery then there is a potentially valid argument that the floor was in a dangerous condition. The second thing you must be able to prove is either that the store created the dangerous condition or that the condition existed for such a length of time that the store would have been able to discover it upon reasonable inspection. If the floor was wet because a store employee mopped the floor or because a store employee dropped something on the floor that made it wet, then the store created the condition. If the floor was wet because a customer dropped something on the floor that made the floor wet, then the store did not create the dangerous condition and you must prove that the wet floor existed for such a length of time that the store should have discovered it upon reasonable inspection. In terms of the injury part of the claim, your wife can make a claim for any medical bills she incurs, and lost wages if she loses time from work, and damages for her pain and suffering. Regardless of whether or not the store would be held liable for your wife's injuries, if the store carries liability insurance, there is often what is called medical coverage under the policy which applies whether or not the store is responsible for the injury. This means that the insurance company would pay for your wife's medical bills up to the limit of the amount of that coverage even if the store is not at fault for the injury. Unfortunately, that coverage is often only for $1,000 though it can be higher and that coverage would only be available if the store carries that type of coverage on the policy. That coverage is separate and apart from their liability coverage. The liability coverage comes into play only if you can prove the two issues discussed above. Also, note that there are time limits that apply to these types of claims. Presuming the store is not owned by some sort of governmental entity, the Statute of Limitations for these types of claims is two years. This means within two years from the date of the incident your wife would either have to have her personal injury claim settled, or file a lawsuit against the store within the two years or she would lose all her rights to make a personal injury claim. If the store was owned by some sort of governmental entity, then the Statute of Limitations is much shorter and you should consult an attorney to discuss that.

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. Even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the delay in proper diagnosis will compel a jury to a substantial award. Another attorney may have a different opinion and I encourage you to seek a second opinion. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.