Legal Question in Personal Injury in New York

Injuryed in a Department store.

I was injured in a department store on 5/17/2009 when my shoe was penetrated by an alarm pin which punctured and was stuck in the crease in my big toe. The stores insurance company called me an stated that they were sending me a check for $200 to help cover the co-pay for the emergency room visit. But they asked that I do not deposit the check until I sign a general release for which tells me I am giving up my rights and I agree to the $200 settlement amount. How should I pursue this legally? I feel they are just trying to throw me a dog bone to be quiet. Also, I spoke and Attorney and he stated try to work out a settlement with the insurance company. Is there any place that I can find information on the type of settlement that I should agree to in a situation like mine? I not trying to get rich, but I would like a fair settlement. One other thing, I requested a copy of the incident claim report and I was denied by the store, which referred me to the stores insurance company for a copy and they denied my request. Can they legally not provide me a copy? Please advise. Thank you.


Asked on 6/02/09, 2:29 pm

3 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Injuryed in a Department store.

Right now you do not know the extent of your injuries ( there may be some permanent injuries).

Accordingly, it would not be wise to accept the $200.

Do you have any follow up visits scheduled?

Patricia Martin-Gibbons

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Answered on 6/02/09, 2:52 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Injuryed in a Department store.

Determining your case value in a department store accident is complex as it must take into account a number of variables. As such, the driving force of valuating any personal injury action or case is the extent of your injuries. Another key is the amount of time you missed from work and what the permanency, if any, exists regarding your injuries. If you have any questions please visit my personal injury resource website at www.1800wefight.com for helpful information regarding your case. Good luck to you. If you have any questions call me for a free consultation at 1(800)WE-FIGHT.

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Answered on 6/02/09, 3:03 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Injuryed in a Department store.

do not sign a general release for $200.00, unless and until you consult an attorney in detail. You will be signing away any right to pursue this further.

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Answered on 6/02/09, 9:27 pm


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