I went to use the public bathroom at a local grocery store. There were two employees outside the door chatting away. When I was done and leaving the bathroom, one employee barged in swinging the door pretty hard. It hit my hand and caused the nail to lift and bleed and caused swelling in my right thumb.
I went to the local Med Clinic the next day, and was looked at by a physician. After a couple of weeks the pain and swelling did not go down so I was ordered to have an MRI done and then was referred to a local Orthopedic physician.
After month on therapy I still have some issues, but they are livable. My doctor says I will probably have some flare ups due to the fact that the injury was on my predominant hand.
I have reached out to the grocery store insurance company and the response I got was, the injury was not due to their negligence. Should I file a small claims lawsuit? Is there anything else I can do?
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.
The issue of negligence is difficult to determine. Hopefully at the time of the accident you spoke with the manager to report the injury. If so, the manager probably created an Incident Report.
The Report would likely have within it the names of the two employees, the description of the accident, and the date and time it took place. While the store manager is not legally obligated to give you a copy of the report, it is still a good idea to ask.
Because your claim has been denied, your only recourse would be to file a small claims lawsuit. Small claims courts exist to provide a relatively informal, uncomplicated proceeding to resolve disputes which do not involve enough money to warrant the expense of hiring attorneys.
Texas Small Claims Courts have jurisdiction to hear cases up to $10,000.
If you choose to file a small claims lawsuit you will need to choose a Justice of the Peace (JP) Court in Tarrant County. Choosing the court closest to your work or home would probably be best.
The filing fee you will have to pay is $46. You can pay an extra $10 to have a subpoena issued to the store to request a copy of the incident report. You can also use an additional subpoena to require the store employees to appear and testify about what occurred the day you were injured.
For more information about filing a small claims lawsuit in Texas see How to Sue in Small Claims Court.
Learn more here: Injuries Caused by Employees
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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