Legal Question in Personal Injury in South Carolina

slip & fall injury

I injured my knee (damage to the petalla) in a local store. I experienced 75 days of pain and suffering and 6 weeks of phyical therapy. The store was dragging their feet in filing an accident report so I went to an orthopedic doctor who then sent me to PT. I filed this on my insurance. Now, since I have been released by the doctors, the store wants to settle. My medical bills totaled over $3,500.00 and my out of pocket was $380.00 The adjuster is now saying that they will reimburse my insurance but will only base my claim on the $380.00 and offer me a total settlement of $750.00 and wants an answer right away. I do not feel that this is in no way acceptable because of the length of time that experienced pain and suffering and something could go wrong with my knee down the road. My home also has stairs and I had to be assisted each and every time I had to go to an appointment. Can the adjuster base my claim solely on my out of pocket medical. I am not out to get rich by no means, I just want to be fairly compensated for my loss.

Any advice would be greatly appreciated. Thanks


Asked on 9/18/06, 1:06 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: slip & fall injury

The adjuster does not have absolute say over the value of the claim. He can make an offer and that is the extent of his legal authority. You have the right to hire a lawyer and file suit. In South Carolina you have three years from the date of injury to do so.

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Answered on 9/18/06, 1:29 pm


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