Personal Injury Law

Personal Injury Law Question? Ask Personal Injury Lawyers.

Ask a Lawyer,
Get an Answer ASAP!

Personal Injury Law

My wife tripped on the sidewalk of Starbucks at 200 Fillmore

Customer Question
My wife tripped on the...
My wife tripped on the sidewalk of Starbucks at***** and hit her face on the cement suffering a concussion, very large bruise on her chin, knees,and her thigh. nerve damage, and muscle damage. The accident happened in May, 2013. She was under her Doctor's care for a year and a half for the muscle damage and the concussion, but he said that the nerve damage would heal gradually by itself. She kept getting phone calls from ladies that worked for Starbucks and when my wife called them back, that person wasn't available. That went on for a year and a half, I believe, for the sole purpose to take up time till the statue of limitations which was 2 years. I had suggested to get a lawyer after 6 months, but my wife declined thinking that Starbucks was an honest company, and would offer her a settlement for all her pain. Well, we were going to Kansas for Thanksgiving when a lady from Starbucks called and said " I guess you know that your case has been dismissed". That's when my wife realized that company wasn't that honest,and we started looking for legal help but couldn't get one around March. but at the last couple of weeks our lawyer was told bu Starbucks that the sidewalk in front of the building wasn't theirs and the cement company was responsible. It was too late to go to court, but the insurance company offered us 11,000 dollars for Dr. bills minus 33 percent. Do we have any recourse against Starbucks?
Submitted: 2 years ago.Category: Personal Injury Law
Show More
Show Less
Ask Your Own Personal Injury Law Question
Answered in 7 minutes by:
6/24/2015
Personal Injury Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 121,098
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, to hold Starbucks liable for the defect in the sidewalk in front of their shop, you have to prove they were liable for maintaining that sidewalk and that they knew prior to the accident that it was defective and failed to warn or fix the defect. If you can prove they had ownership or a duty to repair the sidewalk, then if their employee intentionally delayed the settlement and you were in good faith negotiating with them, then you could potentially get the court to allow a suit to be filed out of time based on Starbucks being in bad faith in delaying the negotiations.
However, if Starbucks proves what they are saying, that they had no duty or obligation to repair the sidewalk where the accident occurred, you would have no claims against Starbucks I am afraid. If the insurance company is offering you something for the case even if it is out of time, it means they think that the litigation could cost them more than what they are settling for and you need to try to push the attorney to get a bit more, but if the attorney has verified that Starbucks was not responsible and the statute of limitations expired, I am afraid you would not have any real recourse against Starbucks I am sorry to say.
Ask Your Own Personal Injury Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 121,098
121,098 Satisfied Customers
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,148 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

719 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney

485 satisfied customers

I have 30 years of legal and litigation experience.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

449 satisfied customers

I provide basic personal injury advice to my clients in my own practice.

Tina

Tina

Attorney

390 satisfied customers

Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement

Brandon, Esq.

Brandon, Esq.

Attorney

367 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

P. Simmons

P. Simmons

Attorney

265 satisfied customers

16 yrs. of legal experience.

< Previous | Next >

Related Personal Injury Law Questions
I was in a car accident in October and I am not happy with
Hi I was in a car accident in October and I am not happy with the settlement amount Two weeks ago I had verbally agreed to it but I am not happy with the service provided and the stress caused I have … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have been i pain for 30 years and for 20 of those years I
I have been i pain for 30 years and for 20 of those years I was fine on certain pain perscription pain meds now they have taken them away from me and I am unable to do much of anything.I cannot take n… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,098 satisfied customers
Son a passenger in a car accident in Texas. Driver is a
Son a passenger in a car accident in Texas. Driver is a friend but found at fault. Injuries exceed the insurance coverage and facial scar but doesn't want to sue his friend. Out son has health insuran… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
How to find attorey for injury while in custody. Las vegas
nothing filed person still in custody but in medical unit at county jail person pushed by officers while being moved conussion not healed yet person stutters now. … read more
Legal-Kal
Legal-Kal
Attorney
J.D.
588 satisfied customers
I incurred major civil rights violations during my booking
I incurred major civil rights violations during my booking at Nye County detention center. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,726 satisfied customers
Can i sue my ex for telling lies on me defaming my character
Can i sue my ex for telling lies on me defaming my character and part of the reason for the breakdown of my marriage to my current husband? He is saying some malicious things that aren't true at all. … read more
lawyerJ
lawyerJ
Juris Doctorate
145 satisfied customers
I was diagnose with a 100%blockage in my heart and with
I was diagnose with a 100%blockage in my heart and with type2 diabetic I've been with this dr for more then three years I've complained of chest pain and foot pain she mist those diagnoses I've had a … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,093 satisfied customers
Can post mortem recovery for pain and suffering from
Can post mortem recovery for pain and suffering from violation of Florida Statue 825.102 (Elderly Abuse) occur?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Expanding on Original question. Ok, the loss of use is based
Expanding on Original question. Ok, the loss of use is based on the rental value of the "chattel" so why would partial loss of use be any different?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I went to a doctor for stomach pain and my labs showed
I went to a doctor for stomach pain and my labs showed kidney failure. He simply told me to contact my primary care doctor and didn't tell me to go the ER immediately like he should have. My mom, a nu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I got into a car accident and it was determined that the
Hi I got into a car accident and it was determined that the other party was driving with their lights off at night in which I didn't see and collided with them. My insurance paid my car off because th… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had an incident in my house in 2013 in which my bed came
Hi. I had an incident in my house in 2013 in which my bed came apart int he middle of the night and sent me crashing into the furniture. I was on hte floor for three days, unable to get up as the bed … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,726 satisfied customers
I was threatened to have my DL suspended by an attorney of
I was threatened to have my DL suspended by an attorney of their client in accident tht i had....they sent me mail bt at the time I thought it was junk mail so i never opened it. Whr should I do now? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
On 5 /20/16 i received a botched dysport and restayane
on 5 /20/16 i received a botched dysport and restayane filler injection from an eye surgeon, fantastic reputation, highly recommended. she put too much in and paralyazed my eye shut. i could not open … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
If a restaurant owner allowed customer to bring and consume
If a restaurant owner allowed customer to bring and consume their own alcohol which resulted in a bodily injury to another customer as a result of assault. Would this fall under any provisions of Gene… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How does underinsured motorist insurance work? I was
How does underinsured motorist insurance work? I was involved in a car accident. The other driver was at fault. If the other drivers insurance does not cover all expenses does my insurance do it? Do I… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
If a restaurant allows customer to bring their own alcohol
If a restaurant allows customer to bring their own alcohol and consume it on restaurants premisses would that fall under sold, served, or furnished definitions of the law… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a 64 year-old disabled physician who said, in an email
I am a 64 year-old disabled physician who said, in an email to the Dallas Fair Housing Office that if I lost everything I owned I could be suicidal. They didn't notice the word "if" and apparently cal… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x