Ask Me Help Desk - Slip and fall injury

Quote:

Originally Posted by excon

Hello again, mommy:

I don't disagree with your opinion - only your conclusions. I'd be happy to be proven wrong. It's true, Sam's SHOULD act right. I just don't think they will. And, we're a litigious society simply because companies like Sam's DIDN'T step up to the plate when they should have.

Plus, I agree that there won't be much left over for her after the attorney's take their cut, and the doctors bills paid. But, at least the bills would be paid.

I love that your glass is half full.

excon

I was told by the manager who I gave my bills to that he would take care of the Dr bills. At this point that's all I care about right now. I shop there everyday for my restaurant and spend 1000's. I hope they don't want to loose a good customer. Will see...

Quote:

Originally Posted by rockinmommy

I disagree. Sam's (Wal-Mart) should immediately contact their insurance comapny and get the customer in touch with them.

I guess it depends on what level of injury we're talking about here. If the OP is looking to get the bills they've already incurred paid, and a "not huge" settlement on top of that, I don't believe they need to escalate it just yet.

If OP is having continual medical problems associated with this, maybe an attorney should be consulted now.

I just can't stand how "letigious" our society has become. AND if OP isn't seriously injured the attorney will just wind up "getting" most of what's left over after the medical bills anyway. My opinion.

If the Attorney has already started the conversation I see the OP only mudding the waters until OP answers the other questions which have been posed - such as, has the Attorney been discharged.

OP seems confused about the legal process and stands a chance of collecting for medical bills and owing the Attorney 33-1/3%.

Also, Sam's Club (which must be delighted if they are reading this thread) is not self insured. The insurance carrier makes the final call, not the Store Manager, and it appears Sam's Club has already said no. I would say that was based on the lack of referral from a Physician.

Quote:

Originally Posted by JudyKayTee

If the Attorney has already started the conversation I see the OP only mudding the waters until OP answers the other questions which have been posed - such as, has the Attorney been discharged.

OP seems confused about the legal process and stands a chance of collecting for medical bills and owing the Attorney 33-1/3%.

Also, Sam's Club (which must be delighted if they are reading this thread) is not self insured. The insurance carrier makes the final call, not the Store Manager, and it appears Sam's Club has already said no. I would say that was based on the lack of referral from a Physician.

Yes, I'd like to know about the attorney, too. The OP stated at one point that the attorney "said" (don't know if it was written/verbal/what) that they couldn't do anything with the case and gave OP their whole file.

Having worked retail for YEARS - including at Sam's Club - my educated guess is that the accident never got reported. Sam's has huge safety campaigns and their managers get perks for going longer and longer periods w/out accidents. ANY accident of any type blows that and they start all over again. But I can say with certainty that if the store manager (I wouldn't waste my time with a dept manager at this point) is brought in on this it will go to the insurance company and SOMEthing will happen. The mgr has no say in paying medical bills or settlements or anything like that, but they do have a huge interest and obligation in getting it through the proper channels to keep their store out of hot water. (Or possibly hotter water than they may already be in for not handling this properly from the get-go.)

Quote:

Originally Posted by rockinmommy

And I love that yours is half empty! ;)

Sure will. I don't believe Sams will refuse to pay. I dealt with them once before over there auto dept and they took care of me. However, this is more serious. I agree with rockin and I really just want the bills paid and extra for future Dr bills which I have been told its possiable I may. I am a healthy active person but this pain from the fall I deal with daily. Thanks for your input...

Quote:

Originally Posted by dontpassup

Sure will. I dont believe Sams will refuse to pay. I dealt with them once before over there auto dept and they took care of me. However, this is more serious. I agree with rockin and I really just want the bills paid and extra for future Dr bills which I have been told its possiable I may. I am a healthy active person but this pain from the fall I deal with daily. Thanks for your input...

Just so you clearly understand that it's not the store itself that will be "taking care" of you. By now you should have heard from someone from an insurance company who insures Sam's. No one at the store level has any authority to do anything other than turn it over using the proper accident procedure.

If you haven't already heard from someone you need to go up there, demand to talk to the STORE manager (if you're dealing with a Dept. Mgr. you need to go higher), and ask them for a copy of the accident report.

If you gave stuff to the mgr you know yesterday, you should have heard from their insurance by now.

Quote:

Originally Posted by dontpassup

Sure will. I dont believe Sams will refuse to pay. I dealt with them once before over there auto dept and they took care of me. However, this is more serious. I agree with rockin and I really just want the bills paid and extra for future Dr bills which I have been told its possiable I may. I am a healthy active person but this pain from the fall I deal with daily. Thanks for your input...

You won't be paid by Sam's. You will - if you are - be paid by their insurance carrier. I don't think "Rockin" indicated that the store will pay you directly.

I still don't understand - particularly now that I know you are in daily pain - why the Attorney didn't want the case unless he saw no liability. He/she gave you no explanation?

Come back and let us know how this plays out.