Injured from a WestField Mall Sliding door yesterday. How do I start to sue for my medical , missed work, pain and suffering?
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Injured from a WestField Mall Sliding door yesterday. How do I start to sue for my medical , missed work, pain and suffering?
Yesterday, I walked into a mall. As I entered the mall, the sliding door slammed shut with me in the center. The metal doors smashed my arm very hard. I immediately felt the pain my right arm. I called the management office and was put on hold for 7 minutes. Enough time for me cry and walk the entire length of the mall to their office. Once entered, I walked to the receptionist, told them, I was the one on hold and that their door slammed into me, I was hurt and someone should check on. the guy apologized for the hold and asked me to find their security office and fill out an incident report. I asked to speak to someone like a manager but was told that’s the only thing they can offer. I’m crying in pain by now and tried to walk to security. I explained the incident and that I was supposed to fill out a report but I will need a copy for myself which they refused, saying they do not make copies to hand out. I just left and proceeded to my car to find an urgent care facility, based on the high co-pay of an ER. As I made my way to the other end of the mall, security followed me tapping on my shoulder saying,
Asked on February 23, 2018 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Notify the mall's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the mall's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursment.
If the case is settled with the mall's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the mall's insurance carrier, reject the settlement offers and file a lawsuit based on premises liability.
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.
CA has a two year statute of limitations for filing a lawsuit in a personal injury case. This means the lawsuit must be filed prior to the second anniversary of the date of the accident or you will lose your rights forever in the matter.
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