Legal Question in Personal Injury in Missouri

I fell at shop n save almost a year ago, at the time I was 8 months pregnant. I slipped on water and nearly did the splits catching myself on one of their shelves. I was in tears and a lot of pain. I filed a incident report with them, then went to the hospital that night. Since I was pregnant they wouldn't xray.I couldn't sit, stand, or lay without feeling a lot of pain in my back.they said the baby looked okay which was my main concern. But now I've made 2 more visits to the hospital and am currently waiting to get an MRI. The doctors say I need physical therapy and possible surgery. I don't have health insurance as of right now and this is only getting worse. Some days I can't even get up to go to the rest room, I'm missing work also. Is it too late to File a suit against them?


Asked on 10/12/10, 10:14 pm

2 Answers from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am very sorry to hear about this accident that occurred at Shop n Save, but I am certainly glad to hear that your baby was ok.

I am a Missouri attorney that focuses my practice almost exclusively on injury claims, including slip and fall accidents.

You may be entitled to recover compensation for all medical expenses incurred, your lost wages, compensation for pain and suffering, and compensation for future medical expenses, including the cost of surgery, if it is determined to be medically necessary. It is not too late, but with a back injury claim, I would not delay. There are steps that need to be taken to protect your rights and prevent you from losing your opportunity to obtain compensation for your injuries, and the insurance company for the store needs to be put on notice as soon as possible.

In order to have a solid claim, it is necessary to establish negligence on the part of the property owner. If there is an unreasonable amount of water or other slippery substance on the floor, it does suggest that the store acted negligently in failing to clean up the substance or place appropriate warning signs nearby. I am not sure if anyone else witnessed the fall, and if you happened to obtain the names of anyone else who may have seen you fall. If no one witnessed the fall, it may have been recorded on store security cameras, but a special request for these tapes needs to be made.

If you have any permanent or long-term effects from your injury, the amount of compensation you can be entitled to can be significant, but your medical condition must be presented to the insurance company properly, and legal arguments need to be made to make sure that your claim is assessed for its true value.

I hope this answers your initial questions. I can be reached, for your convenience, by e-mail, at [email protected], or by phone. Evenings are acceptable as well. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 10/18/10, 12:15 am
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am the attorney that answered your question regarding your accident at Shop n Save. I realized that I should mention an additional piece of information that is very important to know. You should be very careful in discussing your accident with anyone from the store or any representative from the insurance company of the store. Remember that they likely will record everything that you tell them and they can come back and use information against you in the future to try to minimize the amount that they will offer.

Once an attorney informs the law firm that is representing the insurance company of the store that you are being represented, the store and the store's insurance company is then legally prohibited from communicating with you directly and trying to obtain information from you. All communication from the store's insurance company and/or their attorneys must go through the attorney that is handling the claim for you.

Many attorneys handle these claims on contingency fees. Our office does not charge any fee whatsoever for handling these cases up-front. The fees for the attorney are a percentage of the overall amount of compensation recovered for you. If nothing is recovered, you would owe nothing at all. However, provided proper steps are taken, you are likely to recover compensation for your injuries and pain and suffering.

Also, it is very important that you are getting the appropriate medical care you need. Even though you may not have health insurance, there are ways to obtain adequate medical treatment for no up-front costs that should certainly be explored.

Our firm website is: http://www.harvathmissouriillinoislawyers.com. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 10/18/10, 11:33 pm


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