Personal Injury – Didn’t see a doctor when it happened. It healed but left a scar. Can I still sue?

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Personal Injury – Didn’t see a doctor when it happened. It healed but left a scar. Can I still sue?

We remodeled our house by adding a second floor. The contractor didn’t properly tarp the house after the roof was removed so rain caused parts of the ceiling to collapse. It hit my arm and leg. I was 8 months pregnant at the time. I suffered only minor injuries so I didn’t go to the doctor. We are having other problems with this contractor and he put a lien on our house and is bringing us to court. So, I would like to be able to sue him also for personal injuries. Is it possible or is it too late since I never saw a doctor?

Asked on June 4, 2009 under Personal Injury, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It's certainly possible, but don't expect a lot in damages, without having gone to the doctor for treatment -- although there is a certain pain-and-suffering appeal that can always be made for a pregnant plaintiff.  You should have a lawyer handling the entire lawsuit, who can give you reliable advice based on all of the facts of your case.

In many states, you would have to do this as a counterclaim to his lawsuit, or not at all;  I'm not a Virginia lawyer, and he or she will know the right procedure to follow in your state.  One place to look, for a qualified attorney near you, is our website, http://attorneypages.com


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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