Legal Question in Personal Injury in Georgia
My elderly mother fell at a local supermarket last month,she had a mild head contusion ,neck sprain and injury to her hand, the supermarket has agreed to pay the medical expenses but is she entitled to more for pain & suffering?
3 Answers from Attorneys
You failed to tell us one very important detail - how was the store negligent or otherwise at fault in causing the fall? Many stores have insurance to pay basic medical costs w/ no fault just to cut down on claims - that does not make them liable for damages that are not their fault.
Her medical bills are likely being paid by the "med-pay" coverage under the store's insurance policy (which is a type of insurance that pays medical expenses for a person injured at a particular location regardless of who was at fault and caused the injury). To get pain and suffering as well as other damages like loss of earnings, etc. she must make a liability claim triggering the store's liability insurance coverage. To recover she would need to prove liability meaning that the store did something wrong that caused her to fall. She needs a lawyer ASAP. She or someone acting on her behalf needs to hire an attorney experienced in "premises liability" law. These cases are typically handled on a "contingent fee" basis meaning that the lawyer charges a percentage of the amount that he recovers by suit or settlement and is paid nothing unless he wins. The lawyer would not get a percentage of the med-pay coverage that is paying the medical bills ordinarily. If you will contact me I will be glad to refer you to the best such attorney in your area at no cost to you.
To have a claim you have to show some negligent act by the store. The store may be offering a payment under a no-fault med pay coverage, or even as a courtesy. A negligent slip and fall case is more complex. The worst thing you can do right now is to talk to teh store or their insurer and it worries me that you have already done so, as that can compromise a case if you do have one. Stop talking to them and see a lawyer ASAP.
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