Fall in department store

[Kathy in CA]

While shopping in a department store, I tripped on a piece of metal sticking up out of the floor used to corral shopping carts. I fell on my knees, fracturing one of them. Went to the emergency room and was eventually put into a full leg cast. It was a clean break with no complications. I was on crutches for 2 months. I did suffer a lot of pain while in the cast because I needed to work everyday. It was not unbearable, but very uncomfortable.

I am a hair dresser and was off work for about 2 weeks. I did not lose any clients, but did lose some income. The store has been very helpful and has paid all but a few of my doctors bills. I have been released from my doctor and the store wants to settle with me. They have offered me $13,000. This will be their final payment for everything, including the remaining medical bills.....which total about $500. Is this a fair settlement??? Should I contact a PI attorney???

Thanks for your assistance.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Kathy in CA:
While shopping in a department store, I tripped on a piece of metal sticking up out of the floor used to corral shopping carts. I fell on my knees, fracturing one of them. Went to the emergency room and was eventually put into a full leg cast. It was a clean break with no complications. I was on crutches for 2 months. I did suffer a lot of pain while in the cast because I needed to work everyday. It was not unbearable, but very uncomfortable.

I am a hair dresser and was off work for about 2 weeks. I did not lose any clients, but did lose some income. The store has been very helpful and has paid all but a few of my doctors bills. I have been released from my doctor and the store wants to settle with me. They have offered me $13,000. This will be their final payment for everything, including the remaining medical bills.....which total about $500. Is this a fair settlement??? Should I contact a PI attorney???

Thanks for your assistance. <HR></BLOCKQUOTE>


My response:

It's not the greatest. How many offers and counteroffers have there been? What was your demand, and what was their starting offer?

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[lars coltrane]

Also, could you describe in greater detail the thing that caused you to trip: I understand that it was on the floor, but near what? how large was it, was there any sign, how come you didn't see it before the fall.

 

[kathy in ca]

It was a silver colored metal piece that sticks up out of the floor about 6-8" out of the floor and to be honest, I'm not sure exactly what it's purpose is. The employees at the store said it helps to keep the carts in their "corral". I didn't see it at first because there was a cart in front of it. When the person with the cart moved, I walked over to get a cart and tripped and fell.

FYI...every time I've been in the store since my fall, there has been a hand held basket over the metal piece....I guess so that no one else can trip on it.

 

[kathy in ca]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

It's not the greatest. How many offers and counteroffers have there been? What was your demand, and what was their starting offer?

IAAL


<HR></BLOCKQUOTE>

This is their first offer.....we have not countered.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by kathy in ca:
This is their first offer.....we have not countered.

<HR></BLOCKQUOTE>

My response:

And how are you today, knee wise? Has your doctor reported any "permanance" regarding your injury, e.g., arthritic changes, flexibility, tenderness, etc.? Are you on any meds, and if so, what are they and how long are you supposed to be taking them? Are there any recommendations for future surgery?

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited May 12, 2000).]

 

[Kathy in CA]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

And how are you today, knee wise? Has your doctor reported any "permanance" regarding your injury, e.g., arthritic changes, flexibility, tenderness, etc.? Are you on any meds, and if so, what are they and how long are you supposed to be taking them? Are there any recommendations for future surgery?

IAAL

<HR></BLOCKQUOTE>

I am fully recovered. I still have some trouble going up and down stairs, but my doctor says that this will go away with time and I should have no long term effects from this.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Kathy in CA:
I am fully recovered. I still have some trouble going up and down stairs, but my doctor says that this will go away with time and I should have no long term effects from this. <HR></BLOCKQUOTE>

My response:

Then, I would make a counteroffer for $22,000.00, and then let them negotiate a figure somewhere in between their initial offer and your demand.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[lars coltrane]

Although I think that a fractured knee with mild residuals is worth a bit more than IAAL, my comment is not so much on value but a warning. When you do settle, make sure that all the medical bills have already been paid, including ambulance bills, hospital bills, e.r. doctors, x-rays, ect. Once you settle, if an old bill surfaces, you will have to make payment. Also, did the store pay your bills or did your own insurance make payment and the store is paying the deductibles? If the latter, make sure that your insurance co. does not expect you to pay them back from your settlement proceeds.

Good luck and let us know what happens.