How do I legally pursue a personal injury case?
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How do I legally pursue a personal injury case?
I slipped in a puddle at a national retail chain while holding my 2 week old infant. The puddle was unmarked and basically the store has blown me off. My back and tailbone still hurt 7 weeks later and now my hand is going numb.
Asked on November 16, 2011 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should contact the insurance carrier for the store in order to file your personal injury claim. If the store refuses to provide this information, you will need to file a lawsuit for negligence against the store.
If you obtain the insurance information, 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 you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss. The personal injury claim you file with the store's insurance carrier will consist of these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss 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. Compensation for pain and suffering is an amount in addition to the medical bills. If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the store. If the case is settled with the insurance company, NO lawsuit is filed. If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence against the store prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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