How can I get compensated for a personal injury?

I took a nasty fall in March of 2009 which required me to have surgery on my hand twice. I am losing use of my hand. I cannot find anyone to take my case because it happened in the parking lot and not by their door. When I went in, there was no ice on the ground, but there was some when I came out and hit a patch of ice that turned to water. Everyone I talked to says that "the laws have changed and you should watch for ice in a parking lot". But I was parked in handicap. After that fall, I lost pretty much everything I had and became unemployed. Can you help me to at least get my doctor's bills paid and get the balance I owed on the van paid or some kind of compensation?

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Answered By: Law Office of Jared Altman

If I understand you right, there was no ice when you entered the store but by the time you left the ice that you slipped on had formed. If that's right, then you have a very, very weak case because the ice had only been there at most for the length of time that you were in the store. So how could the employees of the store have possibly leRned that the ice was there and have had a sufficient amount of time to do something about it? And what if the store doesn't own the parking lot? How would an absentee landlord have possibly learned about the ice in such a short period of time? That's why no lawyer wants your case, I suspect.

Answer Applies to: New York
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Andrew T. Velonis, P.C.

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 parking lot knew of the ice, had time to salt or sand it, and did not do so. There is another possibility: some business owners have what is called a medical payments provision of a liability insurance policy. Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault

Answer Applies to: New York
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Stephen R. Chesley, LLC

A determination cannot be made as to whether you have a case that we would be interested in unless we receive more information, Please be aware that ice and snow cases are difficult and that alot of contributory negligence can be imparted on the injured party.

Answer Applies to: New York
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Rothstein Law PLLC

The issue is whether the defendant had actual or constructive notice of the ice. If there was no ice when you went in there might not have been enough time to give the store constructive notice before you came out. That is probably why no attorney has taken your case.

Answer Applies to: New York
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.