Slip and fall, store avoiding me, what are my chances?
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Slip and fall, store avoiding me, what are my chances?
On March 31st, 2017 Friday I went to the grocery store to do some shopping. As I was walking out of the store, right by the door, I slipped and fell. There was water on the floor, on the white tiles, and there was no Caution wet floor sign anywhere. I could not see the water on the tiles. I fell on my left knee and I put down my right wrist, really hard, on the floor, trying to keep the balance. I also twisted my right ankle a bit, while slipping on the slippery floor. At this point, my right wrist and my entire arm including the elbow is swollen and is hurting. The left knee is also hurting and is still bruised and swollen. Right ankle and lower back is bothering me a bit as well. I do have numbness and stiffness in three fingers of right hand sometimes as well.
I went back to the store twice.
First time was Monday, 04/03/17, when I was told manager would contact me Tuesday by noon. I never heard from him. I also asked for the copies of the forms I signed and was told he did not have them as he sent all to the corporate already.
Second time I went back on Thursday, 04/06/17, only to find out the manager was gone. My husband, who went with me, talked to the managers assistant and we found out they had the paperwork in the office, but were unwilling to give me copies of what I signed. They denied any cooperation and we were told there was nothing they were going to do from that point on.
Thank you,
Ashley.
Asked on April 7, 2017 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Try to obtain the name, address, and telephone number of the store's insurance carrier from the corporate headquarters.
Notify the insurance company in writing that you will be filing a personal injury claim.
When you complete your medical treatment and 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, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the store's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
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.
If the case is NOT settled, your lawsuit against the store must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. CA has a two year statute of limitations for filing a lawsuit in a personal injury case. This means the lawsuit must be filed prior to the second anniversary of the date of the slip and fall.
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