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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My wife on a visit to the Victoria BC area. while walking in

Customer Question

My wife on a visit to the downtown Victoria BC area for shopping . while walking in a very light rain and much to her friends surprise she fell flat on the pavement of a crosswalk . She slipped apparently on a wet man hole cover and broke three bones in her right foot from the fall . She left the area being assisted by her friends back to the car and they all returned to our condo. My wife thought the pain was bearable and did not require a doctors opinion so it was left until the next day when my wife indicated the pain in her foot was unbearable so to the Emerg we went . The doctor on call after xray and ultra scan that she had three broken bones an may require surgery. My wife said we were from out of town and could not have this looked after until we returned home to Abbotsford . At the doctor at home it we determined she did not need surgery but installed a cast unto her foot and told to keep it raised and immobilize . She convalesced for 8 weeks before she was able to out any weight on her foot at all . We rented a scooter for her to use to get around ; which was a great help . The problem is ,we have a three story house ,she can not drive as it was her right foot that was injured .I had to drive her everywhere , lift the scooter in and out of the car for her to have mobility . She suffered a high level of pain for some time ,the stairs were a real issue requiring crawling on her knees . she limited her trips up or down the stairs to only necessary trips . I however I became the goffer so to speak and it caused a lot of trips for me . I contacted a lawyer or two but not one would pursue and kind of action against the owner of the manhole cover to sue for compensation. The accident happened in May as I remember the whole summer was lost {the best summer ever in my memory}. I called Telus "the owner of the manhole cover" to see what action I could take to recover the cost and suffering we endured . Right now I do not know what recourse is left open to us . Please if you might help us in this regard I would most greatfull . Thanks D K Burr
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

What did Telus say?

Why did the lawyers not want to act?

Customer: replied 1 year ago.
I really did not follow up on Telus as A number of things have not allowed me to catch up on a lot of things that needed our attention as we were gone on a cruise an extended vacation an only have just returned in the last month .
The lawyers said it was not worth while as it usual is protracted and difficult to prove that Telus was negligent . The amount of compensation is difficult to quantify as we are both retired and as you know we retired people have very little to do and are our labors really of any value . Sorry but that is the feeling I get talking to people that still have to work for a living . I was never this busy while I was working .
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Discussion by Email. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 1 year ago.

It could be difficult and protracted to sue . However, that is not the case if you sue in small claims court. You can sue for up to $25,000 in small claims court and can actually self represent.

When I suggest you do is pay a lawyer to simply send Telus a letter threatening a lawsuit. Telus will put this letter on the desk of their insurers at once and you may very well get an offer. If you do not or if the offer is too small then you consider consider suing and self representing. If you do that you can always post on this site if you find you need my help and I can assist you further.

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