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My wife was at a Walmart about two months ago and was looking at toys. She
moved one toy on a shelf and another one fell and hit her big toe. Her toenail had
since turned black and is now beginning to come off. This has been painful.
Should we speak to a lawyer?
Asked on November 12, 2017 under Personal Injury, New Hampshire
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
The incident should have been reported to the store. Your wife should notify the store's insurance carrier in writing that she will be filing a personal injury claim.
When she completes her medical treatment and is released by the doctor, she should obtain her medical bills, medical reports, and if applicable documentation of wage loss
The personal injury claim filed with the store's insurance carrier should include those items. Compensation for the medical bills is straight reimbursement. The medical reports document the 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 reimbursement.
If the case is settled with the store's insurance carrier, NO lawsuit is filed.
If your wife is dissatisfied with settlement offers from the store's insurance carrier, she should reject the settlement offers and file a lawsuit against the store based on premises liability.
If the case is NOT settled, the lawsuit against the store must be filed prior to the expiration of the applicable statute of limitations or your wife will lose her rights in the matter forever.
It is advisable to speak with a personal injury attorney.