Visitor Question

Fell from chair with the screws removed…

Submitted By: Anonymous (USA)

I recently fell from a chair at a business while waiting for my car to have the oil changed. I fell back with hands stretched out to break my fall. I have injuries in my shoulder because of this fall. The business asked if I was ok and remover the chair.

I later found out after having to return to the business that the screws were missing from the chair and that is why it collapsed. The employee told me that they found out after examining the chair that the screws had been removed.

I have medical records as a result of this injury. The insurance company wants me to give them a recorded statement of what happened when the employees already know. How do I continue with a lawsuit against them for my injury from their faulty chair? Is there anything I should be aware of when speaking with the insurance adjuster?

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,

Before speaking with the insurance company, you will need medical records confirming your injury. Without medical records showing the treatment received for your shoulder, or the treatment you will need in the near future, you don’t have much more than a “nuisance” claim.

A nuisance claim is one in which a person sustained pain, but the pain did not require medical attention, or if medical attention was required, it was brief. In nuisance claims, insurance companies may offer anywhere from a few hundred dollars up to $1500, or another amount in that area.

If your injury did require medical treatment, or will in the near future, that information should be communicated to the insurance company. While you are not legally required to give a recorded statement to the insurance company, doing so may expedite your claim.

If you do give a recorded statement, the insurance company will hold you to what you say in the statement. Some attorneys permit their clients do give recorded statements, and others do not.

If you have had, or will require future medical or therapy treatment you should be compensated by the insurance company for your damages. Damages can include compensation for your medical and/or therapy bills, out-of-pocket expenses (for medications, a sling for your arm, etc.), lost wages, and an additional amount for your pain and suffering.

If your injury is a “soft tissue” one, meaning no bones were broken and no surgery or extended treatment is required, then a lawsuit will probably not be necessary. The insurance company will want to settle your claim.

If you try to sue the car dealer without an attorney, you will be up against the car dealer’s attorney. That’s something you want to avoid.

If your injury is a “hard” injury, meaning you will require surgery or other substantial treatment, then you will need a personal injury attorney to represent you.

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: April 2, 2015

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