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Dealing with Ins Casualty Co./ my rights

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Brief explaination of accident: My son 10yrs old who has a degenerative bone disease slipped and fell at a local Mall on a spill in the entrance/foyer area of the mall. Everything was documented at the time. My downfall was not rushing him to the ER. I had 5 children at the time with me. He did not apprear to have any broken bones but was very sore. He stayed in bed for about 6 days and then started walking some on his on and some with his crutches. Shortly there after he had to be put on total bedrest due to untolerable pain and at his check-up appt with the Shriner's Hosptial was diagnosed with a 3 inch fracture going down his femur. The femoral head that was in regrowth stage was now recollasping. This relaspe in him all goes back to his fall at the Mall.
I am dealing with the insurance company myself...I've talked with several lawyers and none with good result. I spoke with the rep from the insurance company yesterday and he asked how much I was looking at asking for. MY Reply was "You would have to make an offer and I will tell you if I'd accept it".

I need to find out if that was a good or bad move. They've taken my statement(only written by investigator not recorded) and have medical records showing my son having to have surgery to correct the problem. I would like to know how much someone with experience thinks this claim is worth. I'm not looking to get rich but my son's therapy bills are needing to be paid and I feel that his pain & suffering should have some benefit.
Anyone who could give advise ...thank you.
 


I

Intellijen

Guest
Medical bills, any physical therapy, and compensation for pain and suffering. Hire an attorney, you'll need one.
On a personal level, I don't mean to berate you, but why in god's name, regardless if you had 13 children with you, wouldn't you bring your disabled son to the emergency room after falling? ESPECIALLY with degenerative bone disease....shame. Just get yourself an attorney.
 

djohnson

Senior Member
Although getting an attorney is a good idea, keep in mind because of how you handled things it will be very difficult and a very long road. Not only didn't you take him then or request an ambulance but you waited several weeks before doing anything. Anything could have happened in that time frame. Also be prepared to have you parenting skills and actions to be questioned because of this. I wish you luck but am afraid you are going to come off looking like someone just out for money and it took you three weeks to figure out exactly how.
 

divgradcurl

Senior Member
To further djohnson's reply, unless there are facts that you are not telling us, its not clear that the mall has any responsibility to you at all in the first place. Unless the mall had "notice" of the spill and failed to clean it up or warn people about it, it is really unlikely that the mall would be found negligent, and therefore owe a duty to you or your son. The reason they are asking how much it will take to settle is because it will be cheaper for them to get you out of their hair, not because they are responsible for your son's injury.

Even if you could show negligence, everything that djohnson brought up in her post will work against you as well.
 
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Thank you both for your posts. I spoke with the adjuster today and explained that I wasn't looking to get rich but what I wanted was enough money to pay for my son to have the 3 days of therapy a week he needs for the next 24 months. They agreed to pay for it. Its settled. Thanks again!
 

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