How can I be denied of an incident report?

Your treatment report can be your incident report as long as it contains who, what, when and where.

Just because you got hurt on their property doesn't necessarily make them liable. You have to prove their negligence caused you to be injured. Incident reports are the property of the owner and if prepared in anticipation of litigation are privileged documents not subject to discovery. Sorry you got hurt, but it looks like it was a risk you assumed.

The store should have some kind of procedure for recording an incident where a customer is injured, but not all stores do. However, you went to the ER right after, so that record can help establish that there was an injury at the store. You need to contact the owner to find out the name of the insurance company, and then send the insurer a claim regarding the accident so that they can pay the medical bill.

A private organization is under no legal obligation to give you anything, unless you have filed a lawsuit and requested discovery from them. Some companies try to get an injured person to accept a small settlement in exchange for signing a waiver. Other companies try to stonewall you, and frustrate you until you give up. Head injuries are quite serious, and a company has an obligation to protect its customers from hazards on their property. Depending on the specific facts and the extent of your injuries, you may have a good case against the company. At this point, you have two options. Option one: you could seek out an attorney who will take this case on contingency, meaning they will take a percentage of the award after expenses. They will handle the entire process and just write you a check at the end, if the case resolves successfully. If they lose the case, they won't take any money. Sometimes, it can be difficult to find an attorney who will take a case with uncertain damages, but you can usually find someone. Personally, it sounds to me like something worth taking a look at. Option two: you could attempt to handle this matter yourself by writing a demand letter and filing and action in small claims court. You wouldn't have to pay any attorneys fees at the end of the process, but oftentimes trying to do something yourself results in a substantially lower claim. For example, I have a client who filed a claim in small claims court himself, asking for two thousand dollars in damages. Once he hired me, I was able to re-examine the situation and found $40,000 in damages that he could have claimed. If you want to write a demand letter, this website is an excellent guide: http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html . As a final thought, I would recommend against calling the big firms that plaster advertisements all over the phone book. You can find skilled and experienced personal injury attorneys who run a much smaller practice. This has the benefit of insuring you personal service, and the super-firms also tend to be heavily focused on getting rapid settlements to their cases, rather than fighting to get you the largest possible award.

Asking the wrong question. they can deny you anything. if the negligence of the store was the cause of your injury and not your own negligence, then they are liable. Doesn't sound like much of a claim but it ought to be reported to their insurance carrier. Use the small claims court to get their attention if it is worth it. cost you about a hundred to file sand serve papers.

By law they do not have to give you a copy of an incident report, unless you signed it, in which case then they are required to give it to you.

You can't force them to give you a copy of the incident report unless you file a lawsuit. I recommend that you hire a lawyer to send a written demand to the store concerning the incident report, any notes taken by store employees and agents, names of witnesses, etc. Also demand the identity of the store?s insurance company and policy number.

They are not required to take a report. Document it anyway. Write up a statement, sign it and have it notarized. I'd hate to know a lot more in order to assess the liability situation. A property owner or business proprietor can be held liable for known hazards that could foresee ably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the property owner created the hazard. But there is another possibility: some property liability insurance policies include a provision called a "medical payments provision". Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault.

The only way to get a copy of the report is to sue them, and then demand it by way of a Motion. As a result, you may need to put together other evidence to establish that your version is more credible than theirs. You need to talk to a trial attorney, because this might end up going all the way.