Slip and fall

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Slip and fall

Hello fell in Walmart was told that I
would be contacted by an insurance
company..no one has called me need
medical attention but scared they won’t
pay because I have yet to hear from
anyone..I have my accident report can I
go to the hospital and show that? In
pain but can’t afford no high bill

Asked on June 29, 2017 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your accident report has, by itself, no effect whatsoever. It may help the hospital understand what happened, which theoretically might help your treatment, but it will not affect your bill or payment in any way whatsoever. The only way to get money from the store if they (or their insurer) do not voluntarily choose to offer you something is to sue them and win; there is no obligation for anyone, including their insurer, to pay unless you get a court judgment in your favor, though they could choose to offer to pay if they feel your case is strong enough, to avoid the cost of litigation. Therefore, if no one offers you money, your only option is to sue.
But before you sue, consider the following:
1) Just falling in a store does NOT make the store liable, or responsible to pay you anything. They are only potentially liable if they were at fault in causing the accident in some way, such as by creating some dangerous condition or allowing a dangerous condition to persist or remain after they should reasonably have corrected it. If you can't show fault on their part, you will not win your case.
2) Lawsuits obviously take time--months at least, usually. If you need medical treatment now, you will have to pay for it some other way. You could then try to recover the cost of your treatment from them later.
 


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