If my dad tripped on a shelve in a drugstorestore and fell into some shelves which cut his arms, do we have a case?

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If my dad tripped on a shelve in a drugstorestore and fell into some shelves which cut his arms, do we have a case?

The had to take him to the hospital for stiches.

Asked on June 6, 2012 under Personal Injury, California

Answers:

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

Answered 9 years ago | Contributor

When your dad completes his medical treatment and is released by the doctor, your dad should obtain his medical bills, medical reports, and documentation of any wage loss.  His personal injury claim filed with the drugstore's insurance carrier should include these items.  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 his injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the drugstore's insurance carrier, NO lawsuit is filed.  If your dad is dissatisfied with the settlement offers from the drugstore's insurance carrier, he should reject the settlement offers and file a lawsuit for negligence against the drugstore.  If the case is NOT settled with the drugstore's insurance carrier, your dad will need to file his lawsuit for negligence against the drugstore prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter. CA has a two year statute of limitations in personal injury cases which means the lawsuit must be filed before the second anniversary of the accident.


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