Can I sue if my 6 year old son tripped on an industrial stocking ladder that was left in the isle of a shopping store?
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Can I sue if my 6 year old son tripped on an industrial stocking ladder that was left in the isle of a shopping store?
He suffered a serious contusion, as well as a concussion.
Asked on May 15, 2014 under Personal Injury, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Prior to filing a lawsuit for negligence against the store, it may be possible to settle the case with the store's insurance carrier. The store's insurance carrier should be notified that your son was injured and that a personal injury claim will be filed.
When your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in his medical treatment where no further improvement is anticipated, obtain his medical bills and medical reports. Your son's personal injury claim filed with the store's insurance carrier should include these items (medical bills and medical reports).
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your son's injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the store's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the store's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the store on behalf of your son. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because your son is a minor.
If the case is NOT settled with the store's insurance carrier, your son's lawsuit must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
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