My son opened the restroom door in a department store to walk out and as he proceeded out the door it closed very quickly on his foot and tore off the toenail on his big toe. He was wearing sandals. The store took pictures and gave him bandages. I tried the restroom door myself and it was a very heavy door that did close abruptly and forcefully.
We have not gone to the doctor yet but he told me that it hurts him so we are going tomorrow. It has been about 5 days since the accident. We have medicaid insurance with no copay so I am wondering if there is still any damages we can seek for his pain and suffering?
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.
Before you can consider the issue of Pain and Suffering we suggest you first seek medical care for your son. Hopefully the injury will heal quickly and won’t have any long lasting effects.
If in the unfortunate event your son’s injury is more serious than it appears to be, you can consider doing the following:
Contact the store again. Talk with the most senior level employee in management. Remind her about the incident and injury to your son. Explain to her your son’s injury is more serious than it appeared at or about the time of the incident.
Further, explain there are already existing medical bills and there will probably be more. Ask her how the store intends to compensate you for the money you have already paid, and otherwise will have to pay for your son’s future medical treatment.
She will probably tell you the case will be referred to their insurance company and you will be shortly contacted by the insurance company’s representative, known
as a “Claims Adjuster”. That’s what you want to hear.
You will probably hear from the Claims Adjuster in anywhere from a few days to few weeks. You will have to be patient, and until you hear from the Adjuster you will have to continue to pay for your son’s treatment.
When you are finally contacted the Adjuster will investigate and then hopefully agree to accept liability and begin to pay your son’s medical bills.
If the Adjuster agrees to pay an extra amount for Pain and Suffering it will probably not be much. Large amounts of compensation for Pain and Suffering occur only in the most serious of cases.
Learn more here: How to Calculate Pain and Suffering
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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