Cut toe while in a store...

by Michelle
(Maryland)

I was shopping in a store with my mother and 3 young daughters. We were standing still looking at a display. I shifted my footing (I have pre-existing conditions that affect the left side of my body and it is very painful for me to stand).

When I shifted I said "Ow, it feels like something cut my toe." It was the pinky toe and it started pulsating. A minute or two later my sandal felt gooey. I lifted my foot up and looked down and my sandal was covered in blood. There was a pile of stuff nearby to where I was standing and I believe there may have been a piece of glass sticking out, but not completely sure.

There was an employee in the aisle and I told her what happened and she just stood there. I had to ask for something to clean up with. She brought some tissues, alcohol, and band aids. She cleaned it up but for over 5 minutes I had to stand with my leg up putting all my weight on the left side of my body which was extremely painful. She finally gave me something (an empty box she turned upside down).

She gave us the left over alcohol and band aids and the store gave us a free tote bag to carry our purchases in. We had to wait about 20 minutes for the manager. The manager took down my information and had me write down what happened. (She couldn't find the incident report papers so this was done on a blank sheet of printer paper.) And she said the insurance company would call me. My foot bled for about half an hour afterwards.

There are two cuts. One on the top that starts under my toenail and is about 2 inches long and is a little deep. The other is under my foot about the same size but a little more shallow. It is extremely hard for me to move around as I already had issues with my left side and now with the cuts on my right foot it is very painful.

I am not sure what to say to the insurance company when they call. I think the top cut is deep enough that it may need stitches, but I haven't been able to make it to a doctor. I had 2 other previous doctors' appointments today and one tomorrow.

Any info on the actions I should take or what I should say to the insurance company would be much appreciated. Thank you.

Visitor Question:
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ANSWER for "Cut toe while in a store...":

Michelle (Maryland):

When you first speak with the store's insurance company representative, the "claims adjuster", he or she will likely ask to take your recorded statement. While your not obligated to do so, giving a statement will help to move your claim along.

Be sure to tell the adjuster exactly what happened, and the amount of pain you felt, and continue to feel. It's not necessary to mention your pre-existing condition. While lying about your pre-existing injury would be improper, if you're not asked about it then you don't have discuss it.

Be sure not to mention anything but the facts. Tell the adjuster you are scheduled to visit with the doctor. Your really should have done so already. Not doing so gives the impression the injury isn't really serious.

If possible, postpone a discussion with the insurance company until such time as you've been able to consult with your doctor. That way you'll have a medical basis upon which you can discuss your medical status. You'll also know approximately what your prognosis will be, and an approximate amount of your future medical bills.

If you're not able to work you should be entitled to all of your lost wages, and any of your out of pocket expenses for medications, crutches, etc. Finally you deserve an additional amount for your pain and suffering. It's important to know if you will need stitches, and if so, if they will cause any permanent scarring. All these items should be factored into your claim.

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.

Best of luck,

Judge Calisi

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PERSONAL INJURY
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MEDICAL ERROR
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