What should i do
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What should i do
While at a shoe store a board fell on
my daughter and i. I had a concussion
my daughter was just listed with head
injury i also seen a chiropractor for
neck pain and they said vertobray was
compressed. Do i need a lawyer? Ehat
should i do the company has asked what
im looking for out of this
Asked on October 25, 2016 under Personal Injury, Florida
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You and your daughter have separate personal injury claims to be filed with the store's insurance carrier.
When each of you completes your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in medical treatment where no further improvement is anticipated, obtain the medical bills, medical reports and in your case documentation of wage loss. Those items should be included in the personal injury claims filed with the store's insurance carrier.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of the injury and will be 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(s) is/are settled with the store's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the store's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the store. If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf.
If the case(s) are NOT settled, the lawsuit for negligence against the store must be filed prior to the expiration of the applicable statute of limitations or you and your daughter will lose your rights forever in the matter.
If one but not both cases (you and your daughter) are settled, only the party with whom the case has not settled would be a plaintiff in the lawsuit against the store.
It would be advisable to speak with a personal injury attorney.