What if I was shopping at a store and got injured while trying out a product?

Question

I was shopping at store for kitchen tables. I found a nice table set with tall chairs like bar stools. When I went to sit on the chair, I fell 3 plus feet to the ground hurting my back. The store has taken liability and I have been contacted by (chartis) which is the insurance company.  They told me to seek more doctor approval, but I have no insurance then they said they could do a claim for future medical expenses but they have been waiting on my medical bills for over 4 months. This happend in September. I'm still experiencing numbness in my right leg along with tingling back pains and headaches. These sometimes hinder my everyday tasks like my job.

Thomas Bulman · Answer

Did the chair collapse?

Robert Lucky · Answer

Yes.

Eric Haag · Answer

Yes, you can bring a claim for those injuries.  However, before you settle your case, you really should see a doctor because it sounds like you may have some disc involvement.  You cannot properly value your claim without knowing the extent of your injuries.  Even without health insurance, you may be able to arrange to see a doctor for evaluation of those symptoms.

Ronald Lowry · Answer

Get a lawyer experienced in personal injury claims IMMEDIATELY! The liability insurer will string you along until the statute of limitations date passes then give you nothing. Common trick unfortunately happens often.

Bruce Elliott Goodman · Answer

No insurance company or attorney can evaluate a claim if you have not gotten any medical treatment. The store might carry medical reimbursement insurance which might reimburse you for your medical bills regardless of liability. You should seek medical treatment and speak with a lawyer immediately.

James Kelaher · Answer

If you're still experiencing tingling in a lower extremity, you may have suffered a lumbar disc injury. I would consult with an orthopedic surgeon who does handle back cases (not all of them do so ask before you make an appointment) and I'll bet the orthopedist refers you out for a lumbar MRI. You may have suffered a significant permanent injury so before you sign anything with the insurance company which might release them from your claim, make sure that you have a medical opinion from a qualified doctor that you're OK. Don't hesitate to consult a good personal injury lawyer, either, because he or she will only charge you if they get a recovery for you.

Andrew Velonis · Answer

Call your doctor's offices and tell them that you are coming in to get copies of your bills, then go and get them.  Today.  Get the bills to the insurance company.  If you can, deliver them personally.  Otherwise, get copies made, fax them in and mail them also.  Today. Then call the insurance company and confirm that they have received them. You have to run them out of excuses. I'm not sure what "more doctor approval" means in the context of your question, but find out and get it done.  Take charge.  No one is going to believe that you have been suffering for 4 months just waiting for someone else to do something about it.

David Stoddard · Answer

An attorney may be able to help you get medical treatment where the doctor agrees to be paid later out of your settlement.  It may be difficult to estimate future medical treatment if you have not reached maximum medical treatment, meaning, your condition is stable, and you are released from the doctor.

Paul Whitfield · Answer

Your fact statement says nothing about the cause of your fall. If the store or the manufacturer was negligent that is  one thing But if you fell because of your own carelessness in NC you could not recover damages But if the store has medical payments insurance that may be paid to you regardless of fault. To get beyond medical bills in NC you must show fault on the other party and no fault on your part.

Stephen Lombardi · Answer

Does the doctor say you have a serious injury, one requiring   surgery? If not your claim is limited to pain and suffering damages, medical   expense, wage loss, reduced earning capacity and permanent disability. The   amount of compensation you are entitled to will be defined by what the doctors   say in their opinions about how serious of a medical condition you have.

Michael Heilmann · Answer

You have not provided any information to suggest the store is responsible for your injury. What did the store do that was unreasonable. No one is going to pay for any medicals unless and until you prove what they did was unreasonable. Mere proof of injury is insufficient.. Sorry.

Bernard Huff · Answer

You will need medical documentation to substantiate your  injuries. Consult with and/or retain a plaintiff's accident lawyer for specific legal  advice and direction.

Mark Leonardo · Answer

You have a viable premises liability claim it appears.  Not sure from your description how you fell.  If you have a lawyer, he or she would probably arrange for you to get medical care on a lien basis which gets paid when you settle.  If you do this on your own Chartis will certainly low-ball you.  You should shop for a lawyer that handles premises liability cases on a contingency basis.

Ernest Krause · Answer

I think you need some attorney advice. Google "State Bar Lawyer Referral Service [your county name]". They have a panel of personal injury attorneys. Free half-hour consultation. You really need a doctor's opinion about your future condition.

Jared Altman · Answer

Yes, you may have a claim. It all depends on exactly why you fell. If the store was at fault, then you have a claim. Was the chair broken? Did a salesperson poorly locate it for you?  Was the floor uneven? Did the chair roll or slide? Did it tip over or collapse? Did you slip off it or did the chair go down too? Did you jus miss it when you tried to sit down?

Dorinda Ohnstad · Answer

Best thing is to hire an attorney (who will take it on a contingency fee basis - meaning take a percentage of your recovery with no upfront fees to you) to ensure things happen as they need to and that you get the best settlement you're entitled to. The insurance company is not going to be concerned with your rights, only that of their insured.

Matthew Alexander Passen · Answer

There are doctors who will see you based on a "medical lien" - they will bill the other insurance company or send a lien to your lawyer.  You should not settle without knowing the full extent of your injury.  It makes sense to hire a lawyer.

Thomas Patton · Answer

The store may be liable for displaying a defective product, or displaying that product in a dangerous manner. Some retail stores have "med-pay" insurance to cover medical expenses. You should speak to an attorney. Most accident attorneys offer free initial consultation.

Howard Mishkind · Answer

The statute of limitations for a personal injury case is two(2) years so you have time. If you are experiencing numbness in your leg you may have a disc problem caused by the fall. Do not be in a hurry to settle your case and seriously consider hiring an attorney to represent you. If the insurance company will pay for future medical expenses be very careful in terms of what you sign. Your injury may not have seemed serious at the time but based upon your description of your symptoms you may have an injury that causes you some long term disability, especially with regard to work. There are various aspects to a claim including pain and suffering and loss of normal enjoyment of life(non-economic damages) and economic damages for medical expense and lost income. I suggest you consult with an attorney in your area before you have any other communication with the insurance company so you do not harm or prejudice your case.

Brian Bourke · Answer

You should consult with a personal injury attorney without further delay.  They can refer you to doctors who may provide you the treatment you need on a Lien basis, that is, the doctors would treat you now and agree to be paid from your settlement.

Irving Blank · Answer

You better get a lawyer who is experienced in premise liability claims and you better get one quickly.

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