fell at a grocery store

[principessa]

Last month I fell at a grocery store where I frequently shop and injured my right shoulder.
The floor wasn't wet but was very shiny.
I reported it and the manager filled out a injury form but also I was surprised when he asked me for my store card. He said that someone would get in touch with me. They did. The person in charge of my claim advised me to keep every bill that I have.

Back in 1999 I had surgery on that shoulder so the orthopedic doctor requested an X-RAY and then MRI. It seems that I twisted and bruised my wrist and re injured the right arm and torned the rotator cuff. (?)

He suggested surgery to repair the damage.
When I told him my concern in regard of my job he said that I could go back to work and even though I would be wearing a sling I could do some things.
I do lots of computer work and daily writing.

My question is: I know the store people are being extremely understanding but my concern is for the future and how that will affect my life style.
I am not young nor very old, but nevertheless I am afraid that down the road it might worsen.

[randalljd]

It is certainly possible you have a larger case based on what you say here; you could take a brief description of these events as well as your medical records to an injury attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you...

[principessa]

Thanks a lot for your reply.
Initially I thought to do just that. Until I found out that NC has a slip and fall law. Basically falling just because I fell isn't good enough to pursue. The floor wasn't wet nor there was any obstructions in the aisles.
The good thing is that their Insurance has been very helpful and willing to pay for what my Insurance won't pay.
And I am grateful for that.

I was told thate usually in those cases Attorneys knowing that they are going to win. Suing was an option but not likely.
My main concern is of course the expenses, but most of all the pains and suffering that right I am going through.

Since they have been very helpful and willing to pay for part of the expenses, can I expect more for all that I am going trough? Will they deny what they have promised me if I request it?

All I want to do is be able to continue to do my job without having to rely on pain killers.
I don't want to have surgery: but the orthopedic doctor said that time + age won't heal the problem. Surgery and then extensive physical therapy is the only option that I have.

Something caused you to fall did it not?

Or was it just a plain old accident?

[principessa]

No.
I am a frequent shopper and shop at their locations.
Their floors are very waxy. Very shiny and as much as I like to shop there they look like skating places.

I usually go to the one that is close to my job but that day I decided to go to the gym before I went to work and that one happened to be close.
I was walking down the aisle and suddenly I started to slide and so I tried desperately NOT to fall and used my right arm to balance myself.

I am scheduled for surgery next week and I expect to have at least five to six month of physical therapy.
The store Insurance is being very cooperative and the claim adjustor said that they cannot do anything till this is over with.

I am very grateful for their cooperation and understanding. However, I am very worried. I will have to be out for a week. I have been taking time to go to doctor visits and test. I will have to take off for therapy.
I haven't been able to work like I wanted to even though I have been taking half of the pill prescribed while I was working to ease the pain.
I have problems sleeping at night afraid that I might turn on the injured shoulder. I could go on and on.
All I want to do is my job. That is all. But now I am scared on how all this will affect my daily function. Everything.
I don't want to seem that I am after some sort of revenge or whatever it is that people do in the same situation.

But my question is: will the paying the bills that my insurance won't cover be enough? What about all that I am going through and possibly continue for some time? Can I expect to be covered for that also?

Hurting and worried!

[principessa]

I had surgery in June for a torn rotator cuffs. I am currently doing physical therapy.
My question is:
(the store insurance has been helpful and possibly will pay what my insurance didn't cover.)

Since slip and fall isn't always a sure case I was wondering if I should still
consult an attorney to make sure that not only those bills are paid but also to be compensated for the time away, the driving and pain-suffering?

[thomson]

If you're clumsy and you tripped, they really have no obligation to you. If they failed to attend to a spill on their floor and you slipped on it, that's different. It also depends on what type of injuries you suffered as a result. If you just got a bruise or small cut, that is no reason to sue.

james

[principessa]

To be honest all I do remember is that when I realized that I was going to fall I desperately tried to avoid it. I really tried but I fell anyway and raptured my rotator cuffs.
I was hoping that a month or more of physical therapy would have taken care of the injury but it seems that surgery was unavoidable.
It has been a nightmare since.

I know that <slip and fall> isn't an issue that can stand on his own for a claim issue. I have been fortunate so far that a third party involved will maybe pick up the part where my Insurance didn't pay.
I am not trying to gain anything that I don't deserve.
However, the outcome of the injury has caused not only pain and suffering and bills, but I have encountered problems on my job.
I was told that it will be a long recovery but sadly it won't be the same and that concerns me a great deal. My job requires me to do lots of typing and data entry and many repetetive motion throughout the day.

Even though I do understand it still doesn't make my pain go away and the fact that my job is at stake.