Fell on Uneven Pavement at a Gas Station and Broke My Ankle...

by Dana
(Mesa, AZ)

I pulled up to a gas pump to get gas for my car. I stepped out of my car onto uneven pavement (where the concrete met the asphalt the concrete was higher and the asphalt had a dip). I rolled my ankle and fell, hitting the island curbing and breaking my wrist.

I definitely broke my wrist and possibly my ankle. Does the gas station business owner have any responsibility?

Visitor Question:
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ANSWER for "Fell on Uneven Pavement at a Gas Station and Broke My Ankle...":

Dana (Mesa, AZ):

It appears your injury occurred while still on the gas station’s property. If that is the case you do have a claim against the owners, and subsequently, their insurance company. If the gas station is one of a major chain you can always go online and contact the station’s corporate office to report your injury.

Continue your treatment. Waiting can only exacerbate your wrist and ankle’s injuries.

Once a claim is filed you will be contacted by an insurance company Claims Adjuster. Her job is to investigate the claim. Once her investigation is completed she should agree to reimburse you for the medical bills you've already paid, and those you may incur in the future.

In addition to your medical bills, submit all of your out of pocket expenses, such as bandages, prescription and over the counter medications, and proof of any lost wages.

When the Claims Adjuster contacts you she will ask you for permission to record your statement. This is standard procedure. Don’t hesitate to give her a complete description of your injuries. Don’t embellish the facts. Tell it like it is and your claim will proceed smoothly.

When your treatment is nearing an end it will be time for you to negotiate a final settlement. The settlement should include payment for all we set out above, but should also include an additional amount for your pain and suffering.

Approximating an amount for pain and suffering is subjective. You can rely on the often used multiplier process. In this case take your medical bills, called “Hard Costs”, and multiply them by three.

The total should be the amount you will demand as total settlement of your claim. The multiplier will include all bills, expenses, lost wages and pain and suffering.

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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