There was salsa spilled across the aisle in a grocery store and I slipped on it. My legs separated enough to cause a strain in my lower back. I have waited a few days to seek medical treatment. I have lost time at work and am beginning to feel better. I have had pain but am already prescribed medicine.
There were no witnesses but I took pictures. After the incident an employee walked right by me and the salsa. I had to tell him to go get a sign before someone else got hurt. The manager made a report and the insurance is trying to contact me. Should I go ahead to the Dr and incur more bills, or am I entitled to anything without medical bills? Thank you.
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.
Seek immediate medical treatment. While the pursuit of a personal injury claim may be appropriate, that consideration should be secondary to your health and well-being.
Waiting several days after the fall to seek medical treatment is not uncommon in these types of injuries. In many cases, symptoms such as swelling, redness, stiffness, and pain do not manifest themselves for 24 hours or more after the accident.
The manager’s creation of an “Incident Report” will be helpful in your injury claim. This is especially true if you showed the manager the area in which the salsa was spilled, and you explained to the manager how you fell and strained your back.
While you have every right to speak with the store’s insurance company, you would be better served by first speaking with several personal injury attorneys in your area. Back injuries can be quite serious. This is especially true if the fall resulted in a bulging or herniated disk.
Without legal representation, the store’s insurance company claims adjuster will do everything possible to minimize the severity of your injuries, and the resultant compensation offered, if any. That amount will likely be much less than you deserve.
In many cases personal injury attorneys have business relationships with physicians and chiropractors. As part of these relationships attorneys offer “Letters of Protection.” These letters from the attorneys promise the physicians and chiropractors they will be paid in full for their treatment of the client after the injury claim is settled, or the attorney prevails in a personal injury trial. This way the client receives the immediate medical treatment necessary without having to pay for it in advance.
Finally, in almost all cases personal injury attorneys are able to secure much higher settlements for their clients than the client might have secured on his or her own. This is true even after attorney’s fees are deducted.
Learn more here: Supermarket Accident 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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