What is out legal recourse if my wife ran over by motorized shopping cart inside the grocery store and had to have surgery on her left Achilles tendon?
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What is out legal recourse if my wife ran over by motorized shopping cart inside the grocery store and had to have surgery on her left Achilles tendon?
She had to go through pain and mounting medical bills. The person ran over my wife was not stopped by grocery store folks and we don’t have any information on her. Grocery store manager called 911 and ambulance took her to emergency and ended up surgery. Grocery store folks did take witness details and they stated that the camera is not installed on aisle, where the incident occurred, to get a camera witness. I don’t have any idea what to do with this situation? Whom should I sue to get compensation for medical bills and suffering she went through?
Asked on January 29, 2016 under Personal Injury, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Prior to filing a lawsuit, it may be possible to settle the case with the grocery store's insurance carrier.
Your wife should notify the grocery store's insurance carrier in writing that she will be filing a personal injury claim.
When your wife completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports and documentation of any wage loss. Her personal injury claim filed with the grocery store's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her 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 grocery store's insurance carrier, NO lawsuit is filed.
If your wife is dissatisfied with settlement offers from the grocery store's insurance carrier, she should reject the settlement offers and file a lawsuit against the grocery store based on premises liability.
If the case is NOT settled with the grocery store's insurance carrier, the lawsuit against the grocery store based on premises liability must be filed prior to the expiration of the applicable statute of limitations or your wife will lose her rights in the matter forever.
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