Can I she for a slip and fall that did not result in any major injuries
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Can I she for a slip and fall that did not result in any major injuries
Child is 7 years old slip and fell in Walmart no wet floor sign completed an accident claim at Walmart after two home same day child complaining about pain took to doctor for X-rays showed no injuries just child had some soreness. Walmart corporate office contacted me and said they were investigating they contacted me on today and said after investigation they found Walmart has cause to pay for my child medical bills and that I should have medical records and bills faxed to them. If they found cause to pay for my child medical billsis there possible fault or negligence on their part that could result in my child getting more compensation other than medical bills?
Asked on October 18, 2019 under Personal Injury, Mississippi
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Prior to filing a lawsuit, it may be possible to settle the case with the retail chain's insurance carrier. Your child's claim should include the medical bills and medical reports.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the retail chain's insurance company, no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit against the retail chain for negligence and premises liability. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your child because he/she is a minor.
If the case is not settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your child will lose his/her rights in the matter forever.
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