Slip and fall advice for personal injury in a store...

by Julida
(Riverside, NJ)

I need slip and fall advice for my case: I was in a supermarket, exchanging an item. As I was rushing to customer service I took a short cut through aisle 3. This aisle had just got done getting restocked with drinks.

As soon as he finished stocking I was rushing through, then all of a sudden I did a full split and banged my right knee into the metal magazine rack.

As I was laying there the stock boy as well as a customer said there was a leak in a container. As I was lying there in pain he told me it was his fault, he should have cleaned it up. Then the manager came up and told him to keep quiet.

This happened December 21st, 2010. I have been out of work, I have three young children that need constant attention. I have no insurance. I am in a great deal of pain. I am losing money due to this injury. I'm at my wit's end.

I called the supermarket's manager to see if they can cover my expenses and they said they would notify their insurance company. It's been a week and I still have not gotten a call.

I don't want to drag an attorney into this because it's gonna cost too much of my time. Do you have any slip and fall advice on how to settle this case without an attorney?

I need lost wages and medical bills, I hired a house keeper as well as a nanny. I need to be compensated for all this as well as my pain and suffering. What are the steps I need to ensure I get paid for their mistakes?

Please let me know, the insurance agent from their company is calling me tomorrow. I don't know where to start or what I should and shouldn't say. Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Slip and fall advice for personal injury in a store...":

The first thing you must do is submit an incident report to the grocery store. Next you want to the get insurance information for the store and submit a claim.

The value of your claim is based upon your medical expenses, so I can only hope that you have received the medical care that you need. Without medical expenses, it is almost impossible to settle a case for more than nominal value. The reason is that the adjuster would argue that you are clearly not injured if you have incurred no medical expenses. Whether true or not, this is their thinking.

The adjuster will let you know very quickly if they are accepting or denying liability. The admissibility of the employee's statement "it's my fault" is questionable so I would not get too reliant upon that.

If the insurance company does not offer you a settlement that is somewhere between 3-5x times your medical expenses, it may be useful to have an attorney. As far as the measures you had to take to get your normal household responsibilities completed, these will likely not be included in a settlement but it does not hurt to ask, so I would add them up and throw them in.

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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