What are my rights ifI was injured at a gas station due to negligence in maintaining facilities?

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What are my rights ifI was injured at a gas station due to negligence in maintaining facilities?

I was at a gas station yesterday andI paid 50 cents to fill up my tires at an air terminal. While I was going around my truck to fill the tires, my left big toe was split open by a 2-1/2” metal peg jutting out of the ground in the standing area in front of the air terminal. I figured that is something they should have removed before opening up.

Asked on September 2, 2010 under Personal Injury, New Jersey

Answers:

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

Answered 11 years ago | Contributor

When you complete your medical treatment, obtain your medical bills and medical reports from the doctor.  File your claim with the insurance carrier for the gas station.  Your claim should include the medical bills, medical reports and any wage loss and compensation for pain and suffering.  The medical reports 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 your medical bills.  Compensation for the medical bills and wage loss is straight reimbursement.  Ask for substantially more than your total medical bills to compensate for pain and suffering.  The insurance carrier will respond with a lower offer.  Try to negotiate an additional amount from the insurance carrier.  If you are dissatisfied with settlement offers from the insurance carrier, file a lawsuit against the gas station for negligence.  If the case is settled, no lawsuit is filed.  If the case is not settled, 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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