IfI hurt my knee due to a store’s negligence, what should Ido?

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IfI hurt my knee due to a store’s negligence, what should Ido?

Today I was walking through a department store and the toe of my boot got caught in the carpet that was sticking up out of the ground. My left knee has been hurting since. I’m in physical therapy for my knees right now but today after tripping it has caused me alot of pain in my left knee. I made a claim with store but now im not sure what to do. This is obviously going to set me back in physical therapy and now physical therapy cost. should they have to pay?

Asked on October 27, 2010 under Personal Injury, California

Answers:

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

Answered 10 years ago | Contributor

When you complete your medical treatment for your left knee and are released by the doctor or when you reach a point where you are permanent and stationary which means the doctor does not anticipate further improvement, obtain the medical report and medical bills.  The medical report will document the nature and extent of your injury and will determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Your claim should include the medical reports, medical bills, any wage loss due to your injury and compensation for pain and suffering.  The problem however is that you had a pre-existing injury and the amount of compensation you receive might depend on whether or not a portion of your injury and damages (the amount you are seeking to recover) can be determined to have been caused by the incident in the store. 

File your claim with the store's insurance carrier.  If you are dissatisfied with settlement offers from the store's insurance carrier, you can file a lawsuit for negligence against the store.  Unless the case is settled with the insurance carrier, you will need to file your lawsuit prior to the expiration of  the statute of limitations or you will lose your rights forever in the matter. 


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