What should I do if I slipped and fell in a nightclub over the weekend and fractured my spinal cord?

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What should I do if I slipped and fell in a nightclub over the weekend and fractured my spinal cord?

I was in ICU for the entire next day underwent an X-ray, and CAT scan to confirm injury. At this time they are unsure if surgery will be needed. As of right now I am in a full brace that I will need to wear for the next two months. I had to take a leave of absence from work and school and I am completely humiliated because I know most of the staff and other patrons personally that saw the entire thing.

Asked on December 17, 2013 under Personal Injury, Oregon

Answers:

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

Answered 7 years ago | Contributor

You should contact the nightclub to obtain the name and address of its insurance carrier.  Notify the nightclub's insurance carrier of your injury and that you will be filing a personal injury claim.

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 having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim filed with the nightclub's insurance carrier should include these items.

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 you have lost tuition at school due to your injury, you should also seek compensation for it.

If your case is settled with the nightclub's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the nightclub.  If the case is NOT settled with the nightclub's insurance carrier, your lawsuit for negligence against the nightclub 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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