QUESTION

What can I do if anything after my shoulder was hurt by exterior door in a restaurant?

Asked on Feb 06th, 2014 on Personal Injury - New York
More details to this question:
While attempting to enter a restaurant, I opened the exterior glass door and the door hinge caught and snapped the door back instead of opening all the way like it should have. When the door snapped back, my right shoulder slammed into the frame of the door causing me great pain. I was waiting for my husband inside the foyer and as he opened the door it did the same thing to him. We approached the counter and told the employee what had happened and recommended she go see what was going on with the door which she did. She said that the door was just fixed the day before and apologized. I asked to talk to the manager and he was out. When he finally came back to the restaurant he went over to look at the door but ignored me. I went to the counter after a while and asked to talk to manager. He came out from behind the counter and I told him that I thought it might be important for me to fill out an incident report and asked if he should call his attorney which kind of irritated me. He didn't even apologize or ask how I was! Anyway long story short, he didn't have an incident report and told me to just write up on sheet of paper what happened and gave me insurance information to send bill to. I developed a large bruise on my shoulder and started getting a burning aching sensation so I went to the doctor and they sent me to physical therapy which after 16 visits still has not helped. My PT says that I have possibly chronic inflammation. It seems that it is getting worse so I went to another doctor that has ordered MRI (still waiting to have it done). Well the insurance company sent me a letter saying that they did an investigation and that I was at fault because I walked into the door. It was not malfunctioning which is a total lie. They said I am covered under their NO FAULT policy which will cover $5000.00 medical only then I'm pretty much on my own.
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10 ANSWERS

James Eugene Hasser
It sounds like the insurance company will pay for your medical bills only? If you want anything else, you're probably going to have to get a lawyer. Good luck.
Answered on Feb 13th, 2014 at 4:05 PM

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I would suggest that you contact a personal injury attorney in the area in which you live.
Answered on Feb 13th, 2014 at 4:01 PM

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Thomas Edward Gates
Retain a personal injury attorney. Keep in mind, this is a very low, low value case. The $5,000 for medical may be sufficient depending upon the MRI.
Answered on Feb 13th, 2014 at 3:35 PM

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You are very fortunate that they have a no fault medical pay plan that covers you, as most establishments do not. You have enough in the way of medical bills and treatment that a plaintiff's personal injury attorney might be willing to accept the case, but certainly should be willing to write a demand letter once your condition is stable and no further treatment will help. You should see such an attorney now. If the attorneys are not willing to file suit, you might have to sue in small claims court [there are books on how to handle small claims actions; my limited experience is that not much in pain and suffering are awarded.
Answered on Feb 12th, 2014 at 4:35 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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So you hire an attorney and sue. Chances are the insurance company is going by the three-denial approach. Deny the claim for up to 3 times to see if the person goes away. If they don't, then starting talking numbers.
Answered on Feb 12th, 2014 at 4:34 PM

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Elder Law Attorney serving Fresno, CA at Carl L. Brown
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You may have a viable personal injury claim which could exceed $5000 in value depending on the nature and extent of your injury.
Answered on Feb 12th, 2014 at 4:34 PM

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The insurance company is banking upon the restaurant manager to lie about what happened. The insurance company also is lying about the coverage, i.e., restaurants cover themselves with liability insurance, and they may have a medical policy that has a cap on it for cases where the injured party is willing to settle the claim for just the cost of medical care. The liability coverage is probably in the $1-million limits range.
Answered on Feb 12th, 2014 at 4:33 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You may or may not be at fault or partly at fault depending on the facts. You need to talk to a PI lawyer and let him look at the whole story, not just your part. You might need an engineer to study the door maintenance records. In any even your med pay ought to cover the 5000 bills. You also need the best medical advice.
Answered on Feb 12th, 2014 at 4:32 PM

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Edwin K. Niles
If the injuries are serious enough, you should certainly talk to a lawyer. Insurance companies do not pay money willingly nor easily.
Answered on Feb 12th, 2014 at 4:00 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Simple: sue them! Get an experienced personal lawyer and go after them. This is what lawsuits are for, and this is what we do. You tried to deal with it on your own, and you see where it got you. No more Ms. Nice Gal.
Answered on Feb 12th, 2014 at 2:39 PM

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