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I was at a store and feel due to a large spill on the floor. I have pain and have seen a doctor. I have called the store and finally the insurance company called and told me paper work would be sent out to me. That was a week ago and I have not received anything. I called again and no return call.
Asked on April 18, 2017 under Personal Injury, Arizona
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Notify the store's insurance carrier in writing that you will be filing a personal injury claim.
It would be premature to try to settle the case until 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. If you settle the case prematurely, you won't be able to go back to the insurance company later and ask for additional compensation due to additional medical treatment.
When you complete your medical treatment and are released by the doctor or are declared to be permanent and stationary, obtain your medical bills, medical reports and documentation of wage loss. Your 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 will document 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, reject them and file a lawsuit for negligence against the store.
If the case is NOT settled, your lawsuit against the store 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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