If I fell in a store a year ago in applesauce that was on floor and injured myself, what should I do?

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If I fell in a store a year ago in applesauce that was on floor and injured myself, what should I do?

I fell on my right knee and now i’m having problems with swelling; my knee cap out of place. I’m doing PT now.

Asked on September 4, 2014 under Personal Injury, Illinois

Answers:

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

Answered 7 years ago | Contributor

You should contact the store's insurance carrier and inform them in writing of your personal injury claim.

If the statute of limitations is rapidly approaching, you need to file a lawsuit for negligence against the store because if the statute of limitations expires and you haven't either settled the case or filed your lawsuit, you will lose your rights forever in the matter.

If the statute of limitations is not going to expire soon , then there may be time to try to settle the case.  If you are at a point in your medical treatment where you are about to be released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, 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.

Compensaion for your 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 company, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the store's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the store.  If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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