I slipped and fell at a department store about 11am on a weekday morning. I was walking through the store and slipped on a large puddle of water that was left by a an employee who was cleaning the floors with a large riding machine.
After I fell, I got an employee and showed him where I fell. The water was cleaned by then, but about a foot away, there was another large puddle left by the machine that was still running. I filled out a report even though i was not really hurt just sore.
Over the next few weeks, my soreness did not improve and my neck and shoulder area on my left side, as well as my hip, was in constant pain. It also felt like someone was stretching a vein to capacity inside my head at several times after the fall.
I finally went to the doctor and my doctor said i had muscle strain and nerve damage (that was the pain that was in my head). My injuries are not so severe that I can not walk, move or work.
The pain in my hip, shoulder, neck and head is more of a hindrance than it is debilitating. My doctor prescribed an anti-inflammatory and a muscle relaxer.
If the pain does not subside in about 10 days, she will order x-rays. Do I have a good case?
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Answer
Dear Anonymous,
There is no simple answer to the question: “do I have a good case”, as this is determined by a number of factors. That said, it is possible to assess a little from what you have said.
First of all it is very common, and in fact typical, to have little pain at the exact time of injury which then increases as the days go forward. What is most important at this stage is treatment.
One of the factors an insurance company will deal with is medical damages, i.e. your bills. If you have not gone to the doctor, sought x-rays and received treatment, for example, there will be very little upon which to base a claim of damages.
The second issue that an insurance company will look at is gap in treatment. It is assumed, although rarely true, that a person who does not seek immediate treatment is not really hurt.
We all know that failure to seek immediate treatment could be something as simple as finances or lack of insurance. It is, however something that they will look at as a potential weakness in the case.
My advice to you is that you seek the treatment you need, submit a claim, get a claim number and only after your doctor has release you, begin working with the insurance company to settle your potential claim.
Learn more here: Retail Store Injury Claims
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 888-972-0892.
We wish you the best with your claim,
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I slipped on water at the department store entrance with a cart before entering the store.