I was wondering i really hurt my leg wich caused me not been able too work im a stand up comic and cant do one of my tours wich would have made me lots, i hurt my leg in a very big nation wide company i slipt on a wet floor there was no sign no nothing so do i have a case to sue them and how long do case's usally take to be resolved??
2007-12-26 20:24:35 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends on your local laws. Some places settle claims via arbitration, some utilize the traditional courts. I've always had my reasons for second guessing arbitration, because the arbitrator is usually chosen by the corporation (or defendant). This I think creates a bias in favor of the defendant, for obvious reasons. In a case like yours though, I wouldn't be surprised if they settled out of court, especially if you have witnesses that could verify the circumstances.
2007-12-26 20:38:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
While technically yes, you have a case, it could be very hard to win a settlement for a couple reasons:
1. Was there an accident report done at the time of your accident complete with pictures of where your fall happened? Without this, there is not documentation that you even fell and what the conditions of the fall were.
2. The company in which you fell can claim that technically, your fall is not impairing your work since you do not need to "stand up" do to your job. (remember, we are dealing with the law here and technically you don't have to use your legs to earn an income in your field).
3. Did anyone witness the fall and if so, would they be willing to testify on your behalf?
In regards to time, if could take as much as 2-3 years before you ever saw a dime from the company based on the docket of the court in your area and the appeals process.
2007-12-26 20:32:50 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Sounds like a crap shoot if your going for compensation for loosing money on the missed tour but you could probably get medical bills covered, you would have to prove that there was no way at all that you could have made the tour as well as showing that you made every effort to make the tour. Couldn't perform from a wheel chair? I could see a whole new routine stemming from the incident. Good luck. It's in the hands of the jury and the performance of all parties who take the stand!
2007-12-26 20:40:13 · answer #3 · answered by d_rangler 4 · 0⤊ 0⤋
You will need to have all the particulars of the accident. Were there any witnesses? You will have to get a lawyer which specializes in this kind of personal injury case. You will have to go to court. How long the matter will take to get resolved depends upon how busy the court calendar is. Cases are usually heard in the order in which they were filed. You will also have to give evidence that the inujury had a direct effect on your ability to work.
2007-12-26 20:37:25 · answer #4 · answered by Richard B 7 · 0⤊ 0⤋
Probably not.
1. Were there witnesses?
2. Was an ambulance called?
3. Did you immediately go to the doctor?
4. Do you have any evidence that supports that your leg injury is directly related to this fall?
The burden of proof is on you, so if you pursue this, be prepared to have all of the above--and more. Also, if you have any sort of financial issues, the defense will use this as your motivation to sue.
2007-12-26 20:31:53 · answer #5 · answered by Tikva 4 · 1⤊ 0⤋
u could sue , however it wil take several months at least to recieve money unless they settle and the lawyer will probably get 50% or more depending how long case goes on for
2007-12-26 20:29:21 · answer #6 · answered by vlacey50 3 · 0⤊ 1⤋
you have a case but expect a fight. if it is a large company they will do everything to outspend you and wear you down. unless it is affecting your livelihood, move on.
2007-12-26 20:39:35 · answer #7 · answered by The Derek 2 · 0⤊ 0⤋