What can I do if I was injured in a store bathroom when I cut my hand on toilet paper dispenser?

I have done everything by the book – I took pictures and filled out an incident report. I had to go to the emergency room and received 2 stitches on my hand which will leave a permanent scar. However, now the store’s insurance person contacted me and said that their policy may not cover this.

Asked on November 24, 2015 under Personal Injury, West Virginia

Answers:

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

Answered 5 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable store would have exercised under the same or similar circumstances to prevent foreseeable harm).
If the store's insurance policy covers this type of injury, your claim filed with their insurance carrier should include your medical bills, medical reports and if applicable, documentation of wage loss.  Your claim should be filed after you have been released by the doctor upon completion of your medical treatment or upon being declared to be permanent and stationary by the doctor which means having reached a point in your medical treatment where no further improvement is anticipated.
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 store's insurance policy is inapplicable, 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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