Do I have a case if I fell on stairs since the2 escalators were going the opposite way I needed to go and I couldn’t use them?
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Do I have a case if I fell on stairs since the2 escalators were going the opposite way I needed to go and I couldn’t use them?
I know I have difficulty walking and stairs. I wanted to go from the 3rd floor of a mall down to the 1st floor. From the 3rd floor to 2nd, I was able to take the escalator. From the 2nd floor to the 1st, both escalators were moving upwards, so I had to use the stairs. I fell and broke my ankle. I have since had to have 2 surgeries. Later I learned there was an elevator but I did not see it. Do I have a good enough case to try to pay for my $3,000 in medical bills?
Asked on November 19, 2011 under Personal Injury, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have a personal injury claim resulting from falling on the stairs. The fact that you did not see the elevator is NOT going to prevent you from pursuing your personal injury claim.
Your personal injury claim should be filed with the mall's insurance carrier. 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 you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim will consist of these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss 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. Compensation for pain and suffering is an amount in addition to the medical bills. If you are dissatisfied with settlement offers from the mall's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the mall. If the case is settled with the insurance carrier, NO lawsuit is filed. If the case is NOT settled with the insurance carrier, you will need to file your lawsuit against the mall prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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