I broke my wrist at a local business (they had uneven concrete on a outdoor padio)- what can i do to get compensation?
2007-05-01 13:31:27 · 9 answers · asked by christy s 1 in Business & Finance ➔ Insurance
You'll have to sue them. You'll have to prove that they were negligent, that it was TOO uneven for a reasonably prudent person to leave it as is.
Any lawyer will take this on, if you have a strong case, for about 30% of the take. If you can't find a lawyer to take this on contingency, that means you don't have a strong case, or it's not worth very much.
It's highly unlikely that you'd be offered anything besides straight medical bill payments, without suing them. And maybe not even that.
2007-05-01 13:37:42 · answer #1 · answered by Anonymous 7 · 0⤊ 0⤋
You do not just get a lawyer and sue.You need to go to the administration office or the owner of the business.They will give you some forms to fill out describing what happen.Their insurance company will compensate you for medical and all other damages.If you see they are trying not to pay then you need a lawyer.Let the business make you a offer on settlement but like i say if they act like they are not going to submit your claim then get a lawyer.The claims process will be quicker if you have medical bills.I mention earlier about forms to fill out.This form will give you a chance to tell your side of the story
2007-05-05 18:50:20 · answer #2 · answered by Billy T 6 · 0⤊ 0⤋
I hope you went to the hospital, and have
records of the bills and medication.
Any lost time from work?
Have proof, and add up the money lost.
Sent them COPIES of the above information.
If they don't want to pay, take them to Court.
Have they fixed the uneven concrete?
Pictures would have been nice.
Witnesses to, did anyone see your fall?
2007-05-01 20:52:12 · answer #3 · answered by elliebear 7 · 0⤊ 0⤋
What kind of compensation are you looking for? Did you miss work because of it?
You should contact the company so they can take care of your medical bills, that seems reasonable.
If they had uneven concrete on the patio that is their responsibility. Who's responsibility is it if you don't look to see where you are walking?
2007-05-01 20:40:19 · answer #4 · answered by dee2zo 3 · 0⤊ 2⤋
Most attorneys would not "sue" first without first presenting the claims and allegations against the business and/or that business' insurance carrier.
Depending on your state. There are different laws governing liability.
There are a few states (AL,DC,NC,VA) that are called "Contributory Negligence States". There statutes prevent any injured party from collecting from other party when the injuried party's actions contributed to the accident's causation at all.
There are also "Comparative Negligence States" that allow a person to collect for their damages or injuries based on a third party's negligence in the matter. If a judge, jury or adjuster feel a 3rd party was 40% at fault for your accident, then that 3rd party would have to pay 40% of the claim's total value. (AK,AZ,CA,FL,KY,LA,MD,MS,MO,NM,NY,RI,SD,WA)
Most states are "Modified Comparative Negligence States" Their laws allow an entity could could be no more than 50 or 51% at fault for that entitiy to collect from a 3rd party.
(AR,CO,CT,DE,GA,HI,ID,IL,IN,IA,KS,ME,MA,MI,MN,MT,NE,NV,NH,NJ,ND,OH,OK,OR,PA,SC,TN,TX,UT,VE,WV,WI,WY)
Long story short, if you feel your liability in the accident was minimal, then feel free to contact the offending business to file a claim. If the business refuses to investigate or turn over to their insurance company, then retain counsel and have them make the necessary arrangements.
The statute of limitations varies from 1-6 years but I urge you to handle as soon as possible so the claims can be investigated and your evidence and witnesses can be perserved.
2007-05-02 14:06:04 · answer #5 · answered by fryeguy93 2 · 0⤊ 0⤋
Did you notify them right away?
Do you have the nameof the person you spoke to?
Did you ask them if they'd reimburse you for med expenses and lost wages (if any>)
If you didn't, you are out of luck. First thing they'll ask is "can you prove it"
2007-05-02 13:34:13 · answer #6 · answered by TedEx 7 · 0⤊ 0⤋
You would loose,you knew the concrete was uneven, its your responsibility not to trip. The judge will tell you "Have a nice trip, see you next fall"
2007-05-01 20:38:32 · answer #7 · answered by SMEAC 4 · 0⤊ 2⤋
Talk to a lawyer.
2007-05-01 20:34:11 · answer #8 · answered by Julie 3 · 0⤊ 0⤋
There is only one way. Get a lawyer and sue.
2007-05-01 20:34:04 · answer #9 · answered by Barkley Hound 7 · 0⤊ 0⤋