Legal Question in Personal Injury in Tennessee
Hurt in a Large Store but nothing broken
I was walking down the middle of an aisle when a heavy plastic box one that you would use for tools or something else. They ask if I wanted to go to the hospital then but I said no I just wanted to go home. So after sitting there a few minutes with an ice bag on my foot I was but in an electric cart and went to my car and came home. I have a damaged nerve in my back which makes my left leg hurt and numb, along with back pain. The box fell on my good foot which I was wearing a flip flop shoe on. Anyways, I went to the hospital the next day when I could no longer stand the pain from my foot and the pain it was causing in my back and leg from wear I have to sit harder instead of easing in a chair and walking. I have the doctor bill to take to the store is that all I should ask for? Or should I ask for something for the pain and the almost impossible way of getting around since it happened, it makes me hurt so bad and it hurts my good foot that always made it easier to get around with just one cane? It happened the 8th of June and is still painful to move or walk on.
Thank you, I will be waiting for your reply.
3 Answers from Attorneys
Re: Hurt in a Large Store but nothing broken
You are entitled to damages for your medical bills as well as pain and suffering. Before you give the medical bills to the store, you need to ensure there is nothing else wrong. I would wait until your doctor releases you before you attempt to settle.
You do need to put the store on notice of your injury and the fact that you are being treated. Do not sign any release.
Re: Hurt in a Large Store but nothing broken
I agree with both of the other two responses to your question, but would like to add two other important points. First, there is a one year statute of limitations on filing suit for such injury, meaning that if you are waiting for your doctor to say that you have reached your maximum recovery and that there is no more to be done and the year had passed without you filing your lawsuit, you are out of luck and will not be able to file suit, and since you can no longer file suit you will also find the store is no longer willing to offer anything in settlement. The second point is that even simple conversations you have with any representatives of the store or its insurance company could later come back to haunt you -- let's say they begin a phone call with, "Good Afternoon. How are you today?" If you say, "Fine," and later contend you had a permanent injury from what happened, that simple "I'm fine," could be used to suggest that you are lying in court by saying you have had daily pain since the accident.
You really need to get a lawyer to represent you and do your speaking for you. Check my website at jesbeard.com for a number of links on personal injury cases, including more detail on how you can seriously hurt your case or reduce your recovery by not using a lawyer and also some useful information on how to get a general idea of the value of your case.
Re: Hurt in a Large Store but nothing broken
At this point, you should not attempt to settle anything with the store. It is too early to know what your injuries truly are, and you should continue to seek medical treatment until the problem is completely resolved. There are some important issues regarding the way the injury happened, evidence of the accident, and the store's internal knowledge of the accident which could have a significant impact on your ability to recover for your losses. Because of those issues, you should consult with an attorney now about the facts in more detail. You should be able to find out if your case has merit from discussing it with an experienced attorney. If you have questions, feel free to call me at 615-790-2575.
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