Should I take legal action
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Should I take legal action
I was grocery shopping at giant
food stores yesterday morning
and when I was done unloading my
groceries I put the car in the
cart return and walked over to
the trash can to throw away the
flyer and then as I was walking
to the car I fell due to a ditch
in the empty parking space. The
Ditch is for a drain of some
sort that is square and 2 ta 3
inches deep with a metal drain
cover. When I fell it hurt and I
got into car n left the pain in
my knee and ankle there was no
way I was walking inside to
report it I went home n put ice
on it. Now I still have scrapes
and little swelling in elbow too
and nothing broken but still
hurts like hell. But I’m
concerned cause there are allot
of elderly people who shop and
that ditch is very dangerous. I
think something should be done.
Asked on February 5, 2019 under Personal Injury, Pennsylvania
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Notify the store of your injury and complete any applicable forms regarding the incident. Notify the store's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the store's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are 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 from the store's insurance carrier, reject the settlement offers and file a lawsuit against the store based on premises liability.
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 AttorneyPages.com 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.