Legal Question in Personal Injury in New York
injured at a department store
My daughter fell and sustained an injury in a department store requiring an emergency room visit, reconstructive oral surgery and stitches. I filed an accident report with the store manager and was contacted by their insurance company. After several months, I received a letter stating that an investigation was completed and the store was not legally liable for her injuries. I have health insurance but they did not cover the entire cost. I am fearful that I will be stuck with the doctors bill(which is in the thousands). Do I have any recourse?
5 Answers from Attorneys
Re: injured at a department store
Your recourse is to file suit against the store IF they were negligent and caused or were responsible for your daughter's fall. Need more factual info about the circumstances of the fall to comment further.
Don't be discouraged because the insurance company (that represents the store) said they weren't "legally" liable. See an attorney.
Re: injured at a department store
You should contact an attorney immediately. When did this happen? You may be too late if the statute of limitations has run out on this type of claim. Please contact my office if you would like a free consultation.
Re: injured at a department store
You must get an attorney immediately. They will restart negotiations with the insurance company and have the claim investigated to see if the store is liable in any way.
The only other problem is that is if the incident happend more than three years ago you may not be able to sue unless your child was a minor at that time.
Protect your rights! Contact a lawyer!
Re: injured at a department store
Your recourse is to file suit against the department store if you are still within the statute of limitations (which is 3 years from the date of accident, or more if your daughter is an infant). It is not surprising that the store's insurance company has refused to admit any liability on the part of the store. Depending on the specific circumstances and cause of the fall, and in light of the injuries to your daughter, I would suggest that you contact an attorney to pursue this matter further. Please feel free to contact me to discuss your options in further detail.
Re: injured at a department store
Of course you do - this is America. You can get an unbiased judge to decide the case.
The insurance company is a private company. Their decision is that they will not pay anything withoiut having lawyers involved.
The insurance company's decision is their decision about what they shall do voluntarily. A lawyer and a judge can require them to pay damaged regardless of their own wishes.
You are welcome to a consultation for no fee.
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