Anaheim, CA asked in Personal Injury for California

Q: What's the best wording to write a letter to the insurance company for Safeway? I tripped on a faulty cart.

I flew across the floor landing on my knee. I am a computer consultant and now can't sit for long periods of time. An MRI showed bursitis in that knee. Essentially I'm not out medical cost but I am out employment and it's been two years.

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: If it's been two years, you are either beyond the two year statute of limitations, or perilously close. You need an immediate consultation with an attorney.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

THERE IS A STATUTE OF LIMITATIONS OF 2 YEARS. IF IT HAS BEEN MORE THAN 2 YEARS SINCE THE ACCIDENT YOU MAY BE OUT OF LUCK.

CONTACT A PERSONAL INJURY LAWYER ASAP.

HOWEVER, YOU SOUND INTELLIGENT AND I ASSUME YOU HAVE DONE THAT ALREADY AND THEY HAVE REJECTED OR DROPPED YOUR CASE.

JUST BECAUSE YOU FALL DOESN'T MEAN YOU CAN COLLECT. YOU HAVE TO PROVE NEGLIGENCE. IF SOMEONE WALKING IN FRONT OF YOU SPILLED THEIR BOTTLE OF WATER OR A COKE, THEN THE STORE MAY NOT HAVE HAD NOTICE.

IT IS NOT STRICT LIABILITY.

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