I slipped and fell while exiting a Ralphs market in front of the cash register where everyone is walking and the bagging person is working. It was a 12 inch puddle and it was coming from out of another register line and into the main pathway. The manager had me sign and fill out a accident form.My knee was broken and the lawyer i called to work on the case said that Ralphs has denied knowledge that they knew about the spill prior to my fall. The lawyer that has my case said that he could only take it to small claims court and that the most i could get would be $7000. My MRI and physical therapy have amounted to over $3000 and a knee specialist has concluded that i require surgery that will cost $35000. What should i do? Are there other attorneys that are willing to do litigation for this case or is my case dead in the water. Also, i have never sued anybody.
Sorry to hear what you are going through.Personal injury lawsuits are typically based on a recovery of a percentage of your winnings. Your case does not appear to be a "money maker" in their eyes, so many don't wish to proceed with representation. First, in California no lawyers are allowed in small claims cases, so your statement that " they could take it to small claims court," does not appear to be a correct statement. I am assuming they meant they could do the paperwork for you only and you go on your own. There are many "do it yourself" books out there that you can use to represent yourself in small claims.As to the answer to your question, "What should i do? Are there other attorneys that are willing to do litigation for this case or is my case dead in the water." I suggest you get a second opinion from another lawyer. That is the first thing you should do. If get the same results from another lawyer that they can't help you, then you should proceed in suing on your own through small claims court. If you do decide to go this route the following book is helpful.http://www.nolo.com/products/how-to-win-your-personal-injury-claim-PICL.htmlFurther self-help information:http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm#top
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I meant that i need this case litigated to cover the amount i need for surgery and my current bills as well as paying an attorney. therefore small claims is out.
I see thank you for the clarification.Then the only thing I can suggest is to continue contacting lawyers to see if they are willing to litigate this for you. Unfortunately I can't predict who will want to represent you, but the dollar amount of $35,000.00 is not a big case for a lawyer to take much interest. The cost of litigation can cost way more than that.
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