I stepped out of my car in a parking lot of a retail store on a day when it had snowed. As I approached the front of the store, I stepped onto a large patch of ice in front of the sidewalk (still in the parking lot). The sidewalk had been salted; the parking lot had not.
I was attempting to move around a car that had just passed and didn’t see the ice beneath me as I stepped forward. My feet went out from under me and I landed hard on my right hip, hitting my ankle, knee and jarring my arm from trying to catch myself.
Once on the sidewalk, I checked my injuries and headed to the store service desk to file an injury report. I waited a few weeks to see a doctor until I could determine what was soreness and what could be an injury.
I have nerve damage in my hip that requires PT and numbness in my arm diagnosed as ulnar neuropathy. This was in October.
I have a terrible time getting a hold of the adjuster that took my statement of injury and don’t know what to do at this point. I may need to have surgery on my arm and I want them to take care of this.
The retail store is blaming the property management company and they have passed me off to the insurance company. I assume they are attempting to wait me out, but I’m getting frustrated.
Any suggestions? Do I need to send a letter and how do I start to suggest a fair compensation?
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.
I’m glad you took the step of filing an accident report with the store. As you may know, there are 2 aspects to bringing a case for personal injuries: liability (fault) and damages (injury). Your injury sounds significant and this aspect of bringing a lawsuit shouldn’t be a problem.
Although, since you waited a few weeks to see a doctor, causality may also be an issue (they may argue that your injury wasn’t caused from your fall). Liability may present more of a problem, but ultimately, that would be for a jury to decide.
You should speak with a personal injury attorney as soon a possible. The finger pointing between the store and the property management isn’t your concern. (It usually would be management’s responsibility to clear the snow/ice.) The insurance company is ultimately the one who will be paying for your injuries.
I’m sure you will eventually get in touch with the claims adjuster and you may get a monetary offer, but a competent attorney will make sure you get the best offer possible.
Remember, the attorney will work on a contingency – they get paid a percentage of the money they recover for you. If they don’t get you money, then they don’t get paid.
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.
Best of luck with your claim,
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