Ask Me Help Desk - Contact store or lawyer first?

While shopping in a woman's dress shop, my 85yr old mom slipped on beads from someone's (or the store's) broken necklace. She was helped to a seat and an accident report was made by management. She was able to walk out by herself, but by the next day she was in pain. I brought her to the emergency room. She was x-rayed and told there was no break evident but to see a doctor if she didn't feel better in a week.
Her personal doctor referred her to a specialist for a bone scan, which was okay.

Anyway, she used a walker for a few weeks and after about a month, she was relieved of any pain she had suffered from the accident.

Everyone we met during that time, including the doctors, mentioned "lawsuit".
At this point we're just relieved that my mom had not broken her hip, but at the same time, I'm wondering if we should contact the store and ask for some compensation for her pain and suffering. Or should we have a lawyer write a letter to the store on our behalf? Or am I being "litigenous" ?

Quote:

Originally Posted by ct12345

While shopping in a woman's dress shop, my 85yr old mom slipped on beads from someone's (or the store's) broken necklace. She was helped to a seat and an accident report was made by management. She was able to walk out by herself, but by the next day she was in pain. I brought her to the emergency room. She was x-rayed and told there was no break evident but to see a doctor if she didn't feel better in a week.
Her personal doctor referred her to a specialist for a bone scan, which was okay.

Anyway, she used a walker for a few weeks and after about a month, she was relieved of any pain she had suffered from the accident.

Everyone we met during that time, including the doctors, mentioned "lawsuit".
At this point we're just relieved that my mom had not broken her hip, but at the same time, I'm wondering if we should contact the store and ask for some compensation for her pain and suffering. Or should we have a lawyer write a letter to the store on our behalf? Or am I being "litigenous" ?

A lot depends on the State. I can address NYS specifically and have info on other States. Several things are factored into a lawsuit. Do you have a copy of the store's incident/accident report and were there (unrelated) witnesses - ?

I probably invetigate at least one "slip and fall" (which is what these are called) a week, year 'round.

It's litigious, by the way - just so you know. And, no, you aren't. It's not unreasonable to be reimbursed or compensated for medical expenses and pain and suffering - if the store is responsible under the laws of your State.

I am also relieved to hear she didn't break a hip!

We don't have a copy of the report, but a store clerk helped my mother up and called the manager, who took information from my mother. The store clerk gave my mother a card with her name. This occurred in NYC. And thanks, I checked the spelling after I posted.
For some reason the word "litigenous" seemed right at the time.

The store clerk picked up some of the beads and said they didn't look like any sold at the store.

Quote:

Originally Posted by ct12345

We don't have a copy of the report, but a store clerk helped my mother up and called the manager, who took information from my mother. The store clerk gave my mother a card with her name. This occurred in NYC. And thanks, I checked the spelling after I posted.
For some reason the word "litigenous" seemed right at the time.

The store clerk picked up some of the beads and said they didn't look like any sold at the store.

OK - NYS is difficult. In order to win a slip and fall you have to prove that the store had knowledge of the condition and did not correct it in a timely fashion. If they KNEW beads were on the floor - and usually your only proof is a report by another customer that you manage to locate or a statement on the incident report to that effect - they are 100% liable. But if they didn't know - or you can't prove they did - it's a much more difficult fight and, unfortunately, usually a losing case.

I would first get a copy of the accident report/incident report - if they will provide you with a copy. I am surprised that, with a report on file, you have not been contacted by the store's insurance carrier.

Anyway - you have to decide what you would like to receive. Medical bills? (I would say medical bills without a doubt) Pain and suffering? How much? How much inconvenience and pain? What did you or others have to do to assist your mother while she recovered? What is that reasonably worth.

I don't know if this is something that rises to a level where you want to spend the time/money/energy meeting with an Attorney, going through the time and expense - and paying the Attorney 1/3 plus disbursements.

If you decide to begin the process and see what you encounter I would first get the report; if/when you get it, see what it says. If you do or don't get the report then write the store, return receipt, and keep it short and sweet: they know your mother fell in their store; the incident report explains the details; her medical bills are $X; she was inconvenienced in the amount of $X (do NOT provide a breakdown or explanation and be reasonable); please turn the file over to the claims adjuster for their insurance company. Keep in mind that anything you say will be turned around and used against you. As long as you don't make any admissions you can always decide to retain an Attorney later.

Then rather than having me drone on why don't you come back and see what the next step should be?

Thank you for suggesting a procedure to follow in contacting the store myself.
I will do just that and see what happens.

Quote:

Originally Posted by ct12345

Thank you for suggesting a procedure to follow in contacting the store myself.
I will do just that and see what happens.

Just keep in mind that if you are seeking a large sum of money and are willing to pay an Attorney one-third (plus expenses) that might be a better choice - but this would be a difficult case to win.

Also make certain that your mother's medical treatment has ended, that there are no permanent injuries before you enter into any type of settlement.