What standing do I have if I slipped on water on floor at a store and it refuses to pay out anything?

Get Legal Help Today

 Secured with SHA-256 Encryption

What standing do I have if I slipped on water on floor at a store and it refuses to pay out anything?

I have medical bills and loss of work because of this accident.

Asked on May 8, 2013 under Personal Injury, Tennessee

Answers:

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

Answered 8 years ago | Contributor

If you haven't filed a personal injury claim with the store's insurance carrier, you should notify that insurance carrier of your claim.

When you complete 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 your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the store's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your 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 is 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 against the store for negligence.  If the case is NOT settled with the store's insurance carrier, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If the store's insurance carrier has denied the claim, proceed with your lawsuit against the store for negligence after obtaining your medical bills, medical reports and documentation of wage loss  when you complete your treatment and are released by the doctor or are declared by the doctor to be permanent and stationary.  If the statute of limitations is approaching, file your lawsuit even if you haven't been released by the doctor or haven't been declared to be permanent and stationary because if you miss the statute of limitations, you will lose your rights forever in the matter.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption