Department Store Trip and Fall

by admin on July 20, 2010

Question: Last week I was shopping in Belk Dept. Store.  I was walking down thru the aisles looking at something eye level and the next thing I knew I was sprawled on the floor.  I had fallen over a flat bed cart that was left at the end of the aisle. I hurt both ankles and both hands. I was taken to the office and filled out an accident report and cleaned off the blood.  I had an orthopedic dr. appt. that day so she x-rayed both hands.  Nothing seems to be broken, but my thumb/palm area must be jammed because I have no strength and pain there.  I have heard nothing from the store.  Are they not supposed to follow-up with injury reports?  My question to you is–if my insurance pays for the x-rays should I just let this drop?  Is there any way I can ask for some compensation for their negligence and my pain?  Even a gift card would be nice!  Thank you. Answer: Carol, the answer to your question depends on how serious your injury(s) is. If you’re still having a loss of strength and pain in your thumb/palm, you should not be too quick in having your medical bills paid, and walking away. If you have an injury which lingers, your first stop should be a repeat appointment with your orthopedic to further clarify the extent of your injury, and see if there is additional treatment which might help resolve the injury.  If additional medical care is needed, or if the care does not resolve the injury,  you should definitely start looking into making a claim against Belk. Unfortunately, only time will answer how your injury is going to resolve which is why you shouldn’t be too quick in accepting some minor payment from Belk. If your injury does not go away, you should also sit down and speak with an accident injury attorney to review your accident in detail.  The accident injury attorney can tell you what the law is in your area, and how you can best proceed with a claim.  I am a south Florida accident injury lawyer specializing in car accidents, trip/slip and falls, and workers compensation claims, and we don’t have Belks down here, so I can’t tell you what the law is in your area for trip and fall accidents. If, on the other hand, the pain and loss of strength in your hand does resolve, I don’t think a gift card is too much to ask.


About the Author:
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
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