Do I need legal help

UPDATED: Sep 30, 2022

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Do I need legal help

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 5 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.

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 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.

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