Visitor Question

Can I Sue After 4 Months for an Unreported Injury?

Submitted By: Anonymous (USA)

I was injured 4 months ago as I was walking into a national chain sporting goods store. The door shut on my foot because it had no spring and I instantly started limping. I thought the pain would pass so I did not make an injury report at the time. I have had continuous pain since the incident. I recently went for X-rays and discovered my foot has a fractures.

Is it too late to sue? Would the store have the incident on camera? I still have the receipt with the date and time I was there. Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You don’t have to sue anyone. Take a deep breath and let’s take a look at what options you have…

You were smart to have held onto the time-dated receipt. Contact the manager of the store – not the assistant to the assistant, but the “Top Gun” so to speak. Explain exactly what happened and how the result was a fractured foot.

It is perfectly normal not to feel pain immediately at the time of an injury. That can be because your adrenaline “kicked in” at the moment of the injury, or because blood immediately rushed to the injured area to compensate for the pain.

If you broke your foot it couldn’t have happened in a better place. Sports people certainly understand the latent affects of an injury. It happens all the time in sports.

Ask the manager to reimburse you for your doctor’s bills. Also ask for reimbursement for your out of pocket expenses such as prescription and over the counter medications, any of your lost wages while treating or recovering from the injury, and a reasonable amount for your pain and suffering.

The manager can easily pull up the security tape to confirm the door closing on your foot.

You probably won’t have any problem being reimbursed for all but your pain and suffering. To pay that amount the manager will have to go through “channels”. Doing so may take some time. A reasonable amount of compensation for your pain and suffering will be 2x – 3x the amount of your medical bills.

If the store refuses to pay for the above items, you can always consider litigation. Depending in which state you reside you can take advantage of the Small Claims Courts in your county.

Hopefully that won’t be necessary.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 11, 2012

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