Slip and Fall Injury

by Becky
(Minneapolis, MN)

I stepped out of my car in a parking lot of a retail store on a day when it had snowed. As I approached the front of the store, I stepped onto a large patch of ice in front of the sidewalk (still in the parking lot). The sidewalk had been salted; the parking lot had not.

I was attempting to move around a car that had just passed and didn't see the ice beneath me as I stepped forward. My feet went out from under me and I landed hard on my right hip, hitting my ankle, knee and jarring my arm from trying to catch myself.

Once on the sidewalk, I checked my injuries and headed to the store service desk to file an injury report. I waited a few weeks to see a doctor until I could determine what was soreness and what could be an injury. I have nerve damage in my hip that requires PT and numbness in my arm diagnosed as ulnar neuropathy. This was in October.

I have a terrible time getting a hold of the adjuster that took my statement of injury and don't know what to do at this point. I may need to have surgery on my arm and I want them to take care of this.

The retail store is blaming the property management company and they have passed me off to the insurance company. I assume they are attempting to wait me out, but I'm getting frustrated.

Any suggestions? Do I need to send a letter and how do I start to suggest a fair compensation?

NOTICE: Any answer given here is NOT formal legal advice, it is general information about personal injury law. Charles does not represent you. If you submit a question, you agree not to rely on the information given without first consulting an attorney licensed in your state.

Answer:

I'm glad you took the step of filing an accident report with the store. As you may know, there are 2 aspects to bringing a case for personal injuries: liability (fault) and damages (injury). Your injury sounds significant and this aspect of bringing a lawsuit shouldn't be a problem.

Although, since you waited a few weeks to see a doctor, causality may also be an issue (they may argue that your injury wasn't caused from your fall). Liability may present more of a problem, but ultimately, that would be for a jury to decide.

You should speak with a personal injury attorney as soon a possible. Feel free to get in touch, I would be happy to discuss your case in more detail and recommend a good attorney in your area.

The finger pointing between the store and the property management isn't your concern. (It usually would be management's responsibility to clear the snow/ice.) The insurance company is ultimately the one who will be paying for your injuries.

I'm sure you will eventually get in touch with the claims adjuster, and you may get a monetary offer, but a competent attorney will make sure you get the best offer possible.

Remember, that the attorney will work on a contingency - they get paid a percentage of the money they recover for you. If they don't get you money, then they don't get paid.

Good luck,

Charles
New York Accident Attorney