What to do if I had a slip and fall at a major retailer and it has admitted fault but is trying to say that because my insurer paid the bills I am not entitled to anything?

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What to do if I had a slip and fall at a major retailer and it has admitted fault but is trying to say that because my insurer paid the bills I am not entitled to anything?

I know the 2 days I missed at work (I was written up for excessive absences) and there is more. It should be worth something. Am I wrong?

Asked on September 11, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are only entitled to compensatation for actual losses, or for "pain and suffering" if you suffered significant disability or impairment which lasted for weeks or more.

Being written up for excessive absence does not give you a claim you can be compensated for  if you did not lose the job (i.e. if there is no monetary loss)--you did not suffer the kind of loss the courts can compensate you for. And if you have not suffered significant, long-lasting disability or impairment, then you're most likely not entitled to pain and suffering compensation, either.

From what you write, if you own insurance has paidd your bills, you probably do not have a viable claim.


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