Am I entitle to pain and suffering for an injury I suffered while shopping at a store?
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Am I entitle to pain and suffering for an injury I suffered while shopping at a store?
I was at a large electronics store and part of the shelving stabbed into my hip and hit the bone. It got infected and I have continuing problems with this. I am scheduled to go to a orthopedic surgeon and I now take pain pills and muscle relaxers daily. The store took pictures and got my information when it happened. The insurance company has now called me and wants to get this claim closed out. They told me to shoot them an amount under a million on their end and something I could live with on my end. I don’t know if they were kidding about the million on their end or what but I need to give them a figure and I do not have a clue what I am entitled to. What I do know is that I have a limp now and cannot do things with my grandkids like I use to because of the pain. I also wake up all night and have to shift positions because my hip/bones hurt. I have trouble going up stairs, etc.
Asked on September 28, 2016 under Personal Injury, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your compensation from your personal injury case should include compensation for the medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills, and if applicable, compensation for wage loss.
Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement.
There isn't any mathematical formula for determining compensation for pain and suffering. It just depends on the facts of the case. You should receive a considerable amount of compensation for pain and suffering due to your limp, pain, difficulty climbing stairs, not being able to do things with the grandchildren,sleep disruption, etc.
It would be premature to settle the case prior to being examined by the orthopedic surgeon and receiving that doctor's medical report. When you are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, that would be the time to attempt to settle the case. Once the case is settled, you won't be able to ask the insurance carrier for more money which is why at this time it is premature to attempt to settle the case since you don't have bills or medical reports from the orthopedic surgeon.
If the statute of limitations is approaching, file a lawsuit against the store for negligence because if the statute of limitations expires, you will lose your rights forever in the matter.
As for settlement negotiations, ask for policy limits (which is the maximum the insurance can pay). They won't disclose that amount and will probably reject it, but you can see from their responses what settlement figures they are considering and you can continue negotiating for a larger amount. Don't accept their initial offer because it will be low.
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