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 14 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
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