QUESTION

I was injured in a store and was told an insurance adjuster will be contacting me later today. How do I handle the call?

Asked on Dec 08th, 2012 on Personal Injury - Mississippi
More details to this question:
A stock clerk pushing a heavy metal cart stacked high with boxes did not see me and ran into me from behind. I was looking at merchandise and did not hear or see the cart before it ran into me. The back of my lower leg is badly bruised around my Achilles tendon. The incident shook me up and was very painful for the first hour or so but I am pretty sure the injury will heal on its own. I came home and put ice on it. Anyway, I did report incident to the store manager in case I end up needing medical treatment. The manager said the stock clerk should have been pulling rather than pushing the cart so he could see the customers. What can I expect to hear from the insurance adjuster when he or she calls? Can I make a small claim for the inconvenience, embarrassment (yes, I burst into tears! and needed a lot of assistance to get pulled up from the floor of the store) and ruining my weekend? Just curious. Thank you.
Report Abuse

11 ANSWERS

Ronald A. Steinberg
First of all, get a lawyer. The adjuster will try to convince you that the accident was your fault, or at least that it was not the fault of the stock boy. You cannot argue with a fool; he will drag you down to his level and then beat you with his experience. You get your own lawyer and do NOT talk to the adjuster until you can set it up with your own lawyer.
Answered on Dec 11th, 2012 at 9:39 PM

Report Abuse
Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
Update Your Profile
You should consult with a plaintiff's accident attorney for specific legal advice and assistance.
Answered on Dec 11th, 2012 at 12:30 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Don't talk to the insurance adjuster other than to say you are looking to hire an attorney. The insurance adjuster will offer you cheap quick money in an attempt to avoid having you get to a lawyer.
Answered on Dec 11th, 2012 at 12:30 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Injury claims are based on real injury, forget it if there are no further problems.
Answered on Dec 11th, 2012 at 12:29 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Most probably have a small claim for the injury, however, until you are certain that the injury is going to heal you are going to be okay it would be very unwise for you to accept any settlement or sign any releases. You would be much better off investing a little time and money and seeking legal counsel
Answered on Dec 11th, 2012 at 3:36 AM

Report Abuse
Answer: Technically you do have a claim, but from an economic and social standpoint this claim is difficult in several ways. There isn't enough "damage" to justify the litigation time, expense and the court's time. And... this is a big issue, these small cases give the legal system a bad image. My advice is to forget the damage and move on in life.
Answered on Dec 11th, 2012 at 3:35 AM

Report Abuse
Jonathan S. Safran
If you believe that your injuries require any medical follow up or being checked out, I would strongly suggest that you do so as soon as possible in order to document your injuries and have an opinion from a doctor as to the extent of your injuries and whether any further follow-up is necessary. I suspect that the insurance adjuster will contact you and ask to take a recorded statement. I usually suggest to people that they not provide a recorded statement, but instead agree to provide a brief description of the accident and your injuries, but suggest that it not be recorded. Recorded statements are often used against the interests of individuals pursuing claims. The store may already have video of the incident, which should have been preserved , and then provided to the insurance adjuster to view already. If you have any evidence of your injuries, including proof of the bruising, that would be important. If you can preserve the evidence by photographs, that would be suggested. I would advise the insurance adjuster of the injuries and bruising you sustained. I would not consider settlement negotiations until you are convinced that your injuries have fully resolved, however, the insurance company should be compensating you for the injuries, pain and suffering, and any inconvenience you sustained. Please be advised that in Wisconsin, you generally have three years to either settle your claim or commence a lawsuit against the responsible party who caused your injuries. If you have any questions or your injuries appear more significant, I would strongly suggest that you consult with an experienced personal injury attorney.
Answered on Dec 11th, 2012 at 3:13 AM

Report Abuse
Thomas Edward Gates
Do not make a statement until you know the extent of your injuries. It's the days after the accident that one finds the extent of the injuries. Take pictures. If you have witnesses talk to them about what they observed. If your injuries are as limited as you say, ask for $5K and settle for $1K or higher.
Answered on Dec 11th, 2012 at 3:02 AM

Report Abuse
Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
Update Your Profile
Can explain what happened but they will ask you to provide a recorded statement and that can only be used against you cannot provide any benefit to you. So respectfully decline to provide the recorded statement.
Answered on Dec 11th, 2012 at 2:57 AM

Report Abuse
Personal Injury Attorney serving Hartford, CT
1 Award
I would not provide any information at this point, politely take the claim number and contact information from the adjuster and indicate that you have not had the opportunity to consult counsel yet but may wish to do so. I would also suggest that you take pictures of the bruising and visit your doctor or a clinic if any symptoms still persist at this point. Thereafter, I would speak with a lawyer, the call or email dialogue should be free and any engagement should be on a contingency fee basis.
Answered on Dec 10th, 2012 at 5:36 PM

Report Abuse
Identity Theft Attorney serving Hernando, MS at Kittell Law Firm
Update Your Profile
Before discussing settlement with the insurance adjuster, I would wait and make sure the injury does not require medical treatment, assuming that your injury happened recently and you have plenty of time left on your statute of limitations. Assuming it gets better and requires no medical treatment, you should be able to get $2,000 to $3,000 for your injury, in my opinion. Liability is clear so the only real issue is how much are your injuries worth in dollars.
Answered on Dec 10th, 2012 at 5:36 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters