Legal Question in Personal Injury in California

slip & fall injury

Yesterday, I fell at a local store on a substance that was spilled on the floor. I was taken to the hospital by ambulance. There were no broken ones. I have pain in my tailbone and a badly bruised and scraped left elbow. Dr said I will no doubt have pain for a few days and perscribed bedrest.My question is: I would really prefer not suing.Our medical ins will take care of most of this.But we are on a limited income ( husband legally blind) and need help with the extra expences of this fall and for pain these few days. Do I contact the store where this happened and ask for a fair compensation? How do I do this? thanks


Asked on 10/02/99, 8:10 am

3 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: slip & fall injury

Involving a lawyer does not meen filing a lawsuit. A lawyer can help you with dealing with the store and its own insurance company. Your are entitled to compensation for pain and suffering as well as reimbursement for your medical bills, which will then need to paid to your own insurance company. If you insist on handling this matter on your own I would send a letter to the store's manager outlining the incident and request the name and number of the store's insurance carrier. I doubt that the insurance company will give adequately compensate you. If they tell you that the usually don't even pay people who fall in the store, they are lying. If you find that you are spinning your wheels and just not getting anybody to speak with you please feel free to contact my office at 888-563-8529. The call and the consultation are free. Do not let them take your statement without someone else on the phone. They will try to trick you and get you to make the accident sound like it was your fault. Good luck to you.

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Answered on 10/05/99, 4:30 pm
Ken Koury Kenneth P. Koury, Esq.

Re: slip & fall injury

Yes, you can contact the store directly without a lawyer. Since the injury was very minor, it may not be worth the expense of having a lawyer take a large cut fromany settlement.

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Answered on 10/05/99, 5:33 pm
Robert E. Drescher Law Offices of Robert E. Drescher

Re: slip & fall injury

If you really want to settle with the store directly, then contact the manager and find out who the insurance company is, the name and phone number of the adjuster.

Then contact the adjuster and identify yourself. Have a reasonable amount in mind before calling them. If the amount you ask for is reasonable then they should be willing to settle with you. It is quite possible they may counter with a smaller amount. Think it out seriously before you say yes.

Remember, once you accept any money from them, any future injury or damage is waived forever... Make sure you have the full picture of the injuries BEFORE you accept any money.

Also remember just because you start on your own, if the insurance company refuses to negotiate or offers such a low amount as to be insulting, you can always hire a lawyer to help you. The statute of limitation is normally one year from the date of injury, so you do not have to be in a rush..

GOOD LUCK!

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Answered on 10/05/99, 8:45 pm


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