Should I take legal action regarding a fall that I took in a store parking lot?
Question Details: I was grocery shopping yesterday morning.When I was done unloading my groceries, I put the cart in the cart return and walked over to the trash can to throw away the flyer.As I was walking back I fell due to a ditch in the empty parking space. The ditch is for a drain of some sort that is square and 2 to 3 inches deep with a metal drain cover. When I fell it hurt. I then got into car and left; with the pain in my knee and ankle there was no way that I was walking inside to report it. When I got home I put ice on it. Now I still have scrapes and little swelling in my elbow as well. There is nothing broken but it still hurts like hell. I'm concerned because there are a lot of elderly people who shop at that store and that ditch is very dangerous. I think something should be done.
Notify the store of your injury and complete any applicable forms regarding the incident. Notify the store's 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, 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 settlement offers from the store's insurance carrier, reject the settlement offers 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.