Do I have a claim or not regarding a personal injury?

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Do I have a claim or not regarding a personal injury?

Took my kids to the bud plant to see the horses I used the restroom and when I went to wash my hands I slipped and fell hitting my head. I got a cut and a concussion. I said something to the person working the stables and not once did she ask if I needed anything or if I was OK. She never asked me to fill out a report and now she is saying she did. My 13 year old son was standing there and he said she never did.

Asked on July 27, 2016 under Personal Injury, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Filling out a report, or not filling out a report, has no bearing on a personal injury claim: either you have a valid claim or not, and if you do, you have the claim even if no report was filled out.
However, to have a valid claim:
1) There must be fault on the Bud plant's fault--i.e. they must have caused you to slip somehow, such as by washing/waxing the floor and not putting out a "wet floor" sign, or having lose tiles which you tripped on, or not having employees periodically check the restroom and, if necessary, mop it up, so excessive water, caused by someone other than you (you can't sue if you made the puddle you slipped in), caused you to fall, etc. If you can't prove their fault, they are not liable.
2) You can only sue for an amount of money equivalent to your actual out-of-pocket medical bills (i.e. not paid by insurance), lost wages, if any, and, IF you suffered long lasting (many weeks or longer) significant life impairment, disability, or disfigurement, some amount for "pain and suffering." If you received a concussion but will recover well from it and do not have large medical bills, it's not worth suing, even if they were at fault: you'd likely spend more on the lawsuit (since you'd have to hire a medical expert to write reports and testify, even if you acted as your own attorney) than you'd get even if you won.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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