I was injured at a retail home improvement chain due to its negligence to properly secure building materials, I have a case?

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I was injured at a retail home improvement chain due to its negligence to properly secure building materials, I have a case?

I was helping my husband load some sheetrock when the wood barrier holding the sheetrock up next to us came down on my ankle and foot. The wood was broken and not properly secured. After I was hit employees just walked past me as I was laying on the floor. I even went and got an associate to help my husband and explain to him what happened. He had nothing to say. I asked to speak to a manager and that is when they got concerned about my injury which was bruised and bleeding. I just retured from the ER and I have a bruised bone and abrasions to my ankle.

Asked on September 30, 2011 under Personal Injury, Texas

Answers:

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

Answered 10 years ago | Contributor

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim will consist of the medical bills, medical reports and documentation of wage loss.  Your personal injury claim should be filed with the insurance carrier for the store.  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 store's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the store.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the store's 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.


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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