What are my rights if I had a fall in a grocery store which resulted in injury?

I had a contusion of the knee and a sprained ankle. Initially in the store the manager on duty did not file a report. I had to contact corporate to inform them of my injury. Corporate has the video of me falling but they are stating that they need an hour before I even came into the store? Why? And the person I am working with does not seem motivated to get a hold of the tape. It is going on 2 months now.

Asked on June 21, 2014 under Personal Injury, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since there is a video of you falling in the store, it doesn't make sense that the store wants an hour of video prior to the incident unless the store is trying to claim that you had some pre-existing injury which caused you to fall in the store.

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the store's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury 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 with the store's insurance carrier, your lawsuit for negligence 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.

 


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