Hit by a truck in parking lot
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Hit by a truck in parking lot
Yesterday, I was walking a shopping cart back and was hit from behind by a truck that was backing up at Publix. I did not get the driver information because I was shaken up and thought I was alright but today I have a stiff neck and headache. Do I still have any rights? Would Publix have cameras?
Asked on August 17, 2019 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If the store has video surveillance of its parking lot, and the truck license plate , driver, etc., can be identified you can file a personal injury claim with the truck driver's insurance carrier.
Whether or not the truck driver is identified, you can also file a personal injury claim with the store's insurance company based on premises liability.
When there is insurance, you can receive medical treatment. When you are released by the doctor upon completion of your medical treatment 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 claim filed with the insurance carriers for the driver and store should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are 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 both insurance carriers (driver and store), no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file one lawsuit naming the store and driver as defendants.The store is liable based on premises liability. The driver is liable for negligence.
If the case settles with one but not both parties, only name the party with whom the case did not settle, as a defendant in your lawsuit.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.
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