Can I Sue Wal-Mart
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Can I Sue Wal-Mart
Wal-Mart employee ran my foot over
with a pallet jack causing a cut
and bruising on my pinky toe
Asked on July 8, 2019 under Personal Injury, New York
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
Prior to suing the store, it may be possible to settle the case with the store's insurance carrier.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the store's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your 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 you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the store. The store is liable for the negligence of its employee which occurred in the course and scope of employment.
If the case is not settled, 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.
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