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Old 06-08-2009, 12:58 PM   #1 (permalink)
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Exclamation Cans fell on foot! Pressure to settle need advice fast please!

I purchased a large order at a grocery store(Large discount chain, I won't say which one since I don't know if thats a rule on this forum). I asked the cashier to please double bag all heavy items. They were very understaffed that evening and it was busy and he very quickly rushed thru my order. I am disabled already (RA and Lupus with back problems) the cashier just seemed too rushed to even bother to help me at all and quickly moved on to the next customer and ignored me asking for help.

It was the end of my day, I'd miss my medication and just wanted to get home so I gave up and pushed my cart out myself and began unloading my bags of groceries into my car. I picked up one and was putting it in the backseat (4 door car) when the bag broke. The cashier had only double bagged some of the bags and this one had 4 heavy cans, a large bag of sugar, bulk package of heavy soft corn tortillas, family size can of whipped cream and some other items. In other words it was VERY overfilled and not double bagged. All items fell directly out of the bottom of the bag onto my big toe. I hit the ground it was so painful and was screaming for help as my groceries rolled everywhere. Another customer and my Mom who had driven me there went for help and the guard went for a manager. I scrawled out a report for management and went directly to the ER.

The nail under my toe and to be drained for a hematoma, and its now several weeks later and it needs drained again.

Their insurance company contacted me and took a statement of what happened over the phone. Days later they told me they spoke with the cashier who wants to apologize to me in person as well as management. They admitted to being understaffed, and the cashier told them he had rushed and not payed me any attention and he felt just awful that I had been hurt. Basically their telling me their 100% at fault.

I sent them the ER bill and they have offered me the full amount of it a very small amount of money for pain and suffering and the cost or my food that was spoiled while I was in the ER. The apology long since forgotten about which is just making me feel like they don't care and just want me to "go away".

Problem is I really need that toe re-drained. I thought it was going to be OK but since I faxed them the bill it has to be redone. Their really pressing me to settle. Their being "too nice" and I still need more medical care..I've feeling rushed and pressured..should I take this to an Atty or just settle?

As a side note; same store like 6 years ago had a damaged cart my arm was cut on, no biggie I got a tetanus shot they paid my bill and gave me $500. I was fine. That came up in my recorded statement for this injury but they said it was "OK".

This time it just doesn't feel right. They are really pressing me to sign the release fast and my medical care isn't done. What should I do?!
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Old 06-08-2009, 01:25 PM   #2 (permalink)
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How much is your claim worth

This article may be of some assistance to you: The Worth of Your Personal Injury Claim Lawyers
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Old 06-08-2009, 01:53 PM   #3 (permalink)
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I would consult with an attorney. If nothing else, you would have, at least, some peace of mind.

Good luck.
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Old 06-09-2009, 06:14 AM   #4 (permalink)
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Smile sweetly when you tell them that your toe may need further attention and that YOU can't afford to pay for THEIR medical expenses to correct what should have been done that day.

Just be SO sweet. But DON'T sign anything until your toe has healed.
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Old 08-06-2009, 11:27 AM   #5 (permalink)
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Be careful not to sign or agree to anything until your toe is completely healed and you have received all the medical treatment that you require. You should be at 100% health before thinking of settlement, or at least know how much your future medical bills are going to run you.

As well, for the pain and suffering, often times insurance companies will try to low-ball you and tell you that they are doing you a favor just by giving you these damages. However, ask yourself this. Without this store's negligence, would you have ever suffered at all in the first place? They are at fault, and have admitted it.

It varies from state to state, but as a rule of thumb, Pain and Suffering damages often are calculated by multiplying your total medical costs by 3. I was involved in a bicycle-car accident and my settlement from the driver's insurance company was my total medical bills (I separated my shoulder, fractured my collarbone, bruised face, various abrasions...), the cost of replacing my bike and helmet (which split in half on impact with the ground), and pain and suffering damages which were calculated as my total medical costs x3.

A local attorney can help you figure out what sort of total settlement you should expect. You can find an attorney at LegalMatch.
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