If someone is injured in a slip and fall due to another person's negligence (let's call it a perceived sprained ankle), but does not get medical attention immediately, and then months later brings a civil lawsuit against the negligent party to cover medical procedures (due to degeneration of ligaments, compressed nerves i.e.) that might not have been necessary if the person who fell had gotten proper medical attention/advice at the time of the fall, what would the negligent party owe for: the actual medical expenses incurred, or an ER trip (which the negligent party offered at the time of the fall) and the likely medical expenses that would have been incurred if the falling person had gotten prompt treatment (as you expect one to do?) I ask because it seems like there would be negligence on the falling party in addressing their own injuries and letting their injury get worse over time, especially when they were offered assistance at the time the fall happened.
Please be educated but unbiased in your answer, and cite an actual case if possible.
Judge Julie
If the Injured party had availed himself/herself of medical treatment within a reasonable time - lets say 24 hours - then a complaint for non-specific injuries could be sustained - but if longer than that - then no injury! and therefore not recourse to initiate a suit - I suggest that the party in jeopardy find an attorney to fire off a "We deny any culpability in your perceived injures letter"
Orignal From: Tips: Personal Injury Negligence - driving up value of settlement?
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