Do I have a case if I broke my foot while walking off the curb outside of a store?
Question Details: I went inside the shop and when I came outside, while walking to my truck I stepped on the curb and rolled my foot and broke it.
Prior to filing a lawsuit against the store based on premises liability, it may be possible to settle the case with the store's insurance carrier.
Notify that insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the store's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the store's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit against the store based on premises liability.
If the case is NOT settled, your lawsuit against the store must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.