I slipped on a piece of fruit in the grocery store, was injured and went to the emergency room. X-rays were taken which found that my finger was broken. It is now in a splint and I have to go to an orthopedic specialist to see if there's any further damage to ligaments. My shirt and pants were also ruined in the fall (blackberry stains on shirt and pants).
Will I be able to file a claim with the store's insurance company? What do I do? What is a reasonable amount to ask for, since it will take at least 4 weeks to heal and I will not be able to use my hand for that length of time? I'm still icing my finger and taking pain meds. Thank you.
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ANSWER for "Broke finger in fall...":
Hopefully, at or about the time you slipped and fell a manager or other employee was notified and an Incident Report of some type was completed. If so, you will be able to rely on the report in pursuit of your personal injury claim.
The legal doctrine controlling the circumstances of your fall and is referred to as Premises Liability. In California, Premises Liability is defined as: "The liability of certain persons for injuries and damages to others arising from the ownership or possession of real property."
- The existence of a duty on the part of the defendant to use due care
- A breach of that legal duty
- The breach as the proximate cause of the resulting injury
Contact the manager. Say you want to file an injury claim and that you expect to hear from the corporate office or the store's insurance company.
A reasonable amount to ask for in a relatively minor injury claim is 2 to 3 times your medical bills, plus expenses and lost wages. If you can get at least 2 times your medical bills, that will be a reasonable settlement inclusive of pain and suffering. However, it's always a good idea to get a free consultation from a local attorney.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.