If my son slipped and fell in a supermarket, What should I do?

This was no wet sign. I took him to the hospital the next day, he is now limited to physical activities. The supermarket corporate office called me and offered me $1000.

Asked on September 13, 2015 under Personal Injury, Florida

Answers:

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

Answered 5 years ago | Contributor

The offer of $1000 should be rejected.
You should notify the supermarket's insurance carrier in writing that you will be filing a personal injury claim on behalf of your son.
The offer of $1000 should be rejected because it is not possible to settle the case until 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.  At that time, you should obtain his medical bills and medical reports.  You will then have the total medical bills which you will need to try to settle the case and will have the medical reports to determine compensation for pain and suffering.
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 supermarket's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the supermarket's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the supermarket on behalf of your son.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son if he is a minor.
If the case is NOT settled with the supermarket's insurance carrier, your lawsuit on behalf of your son against the supermarket 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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