What to do about a slip and fall on ice?

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What to do about a slip and fall on ice?

My wife has plates and screws in her back and she just slipped on ice on a retail chain’s sidewalk. She hurt her knee and aggravated the nerve damage/ There was no salt placed down. Then a manager was informed they were surprised to know about any ice even though it was 28 degrees out this morning. My wife filled out an incident report before she left.

Asked on December 8, 2011 under Personal Injury, Kentucky

Answers:

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

Answered 9 years ago | Contributor

Your wife's personal injury claim should be filed with the retail chain's insurance carrier.  Verify that the insurance carrier is accepting liability before incurring huge medical bills.

When your wife completes her medical treatment and is released by the doctor or is declared to be permanent and stationary, which means she has reached a point where no further improvement is anticipated, she should obtain her medical bills, medical reports and documentation of any wage loss.  Her personal injury claim filed with the retail chain'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 the injuries 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 the case is settled with the insurance company, NO lawsuit is filed.  If your wife is dissatisfied with settlement offers from the insurance company, she should reject the settlement offers and file a lawsuit for negligence against the retail chain.  If the case is NOT settled with the retail chain's insurance carrier, your wife will need to file her lawsuit against the retail chain prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Your wife should consult a personal injury attorney in your locale immediately. Property owners have responsibility to keep the sidewalks and parking lots safe. His knowledge is not necessary as it was 28 degree and it may be negligence on his part for not putting salt on the sidewalk.


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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