Expert: Doctor Settlement - 4/21/2008

Question
A box fell on my in a babies r us store from 15 feet above.  A report was made but no one seemed to be too interested because I was not severely injured its been three days and my back is still sore.  What are my rights? To top it off the box fell because of a clerk who was stocking and thought it was a big joke after and was laughing.

Answer
Dear Jennifer,

I am Morgan Jacobsen, a personal injury attorney at www.SettlementCentral.Com    Since Dr. Settlement is down and out for last week and this week, I have been asked to take over his service here so that will not have to wait any longer.  

Dr. Settlement had two dozen requests like yours backed up, and he wanted me to contact him on each answer I am submitting for him, just to be sure that you questioners get the best information.  He also wants me to give FULL information to compensate all of those who have waited for his answers.  

Thank you in advance should you send any well-wishes, which I will pass along to him.  Meanwhile, Dr. Settlement thanks you for your patience and understanding and he hopes to be back to work later this week (at which time he will face a full two week’s worth of backlog  ).


I believe that you do have a legal claim for personal injuries since the negligence of the store employee was the direct cause of your injury.  Furthermore, this is NOT AT ALL like some of those store claims based upon premises liability.  Instead, this is an easily proven case of negligence.  DO NOT LET THAT STORE AVOID FULL RESPONSIBILITY FOR ITS NEGLIGENCE.  Hence, all that is at issue is the extent of your injuries.

I think that you need to see a doctor ASAP.  Do not let little pains go unattended inasmuch as soft tissue injuries do have a way of growing from that little dull ache you feel at first into a full blown constant pain in your neck or back.  Once it gets to that level, you can expect the pain to follow you through any activity that you might participate in, whether lifting things or just bending over a lot.  It will hurt if this develops into a real soft tissue injury.

Listen to your body and to get medical attention when you feel any aches or pains that continue for a day or more.  You were in an accident that was hard enough to cause soft tissue injuries.  

GET MEDICAL CARE FOR YOUR INJURIES—DO IT NOW.  There is no reason why you should suffer.  Plus, if you get medical or chiropractic care, you are entitled to recover for personal injuries from the tortfeasor.

DO NOT SETTLE YOUR CLAIM UNLESS YOU ARE ABSOLUTELY CERTAIN THAT SOFT TISSUE INJURIES WILL NOT REAPPEAR ONCE YOU STRESS YOUR BODY WITH PHYSICAL ACTIVITIES OR JUST DAILY LIVING AND WORKING.  That Plays Right Into an Insurance Tactic Regarding Inducing Early Settlement of Injury Claims.  

Let's just finish up this topic of early settlements so you get the full picture of the advantage to them and the risks to you.  Insurance companies like to settle early because the general damages—claims for pain and suffering—are always minimal, but continue to grow with continued medical/therapeutic care over the months. Therefore, the insurance adjuster will try to settle before the claim merits a larger pain and suffering element. This makes good sense for the insurance company. A claim that is still active after 12 months, with an injured claimant still undergoing treatment, will settle for a lot more pain and suffering money than a claim that is settled after two or three months of treatment.

In soft tissue cases such as this, the full extent of most injuries is not known immediately after finishing early rounds of treatment, because the injured person has to undergo some of the wear and tear of everyday life, including the pounding her body will receive from a day's work. Even jobs that appear not to be physically demanding can be hard on an injured body.

For example, have you ever stood all day with few breaks, as a store checkout clerk or a jewelry salesperson does? Or sat all day at a computer, as a secretary or phone service center employee does? Many jobs will interfere with healing, and you have no way to know how your wife's body will respond until she has experienced sufficient physical exposure to load-test the scar tissue as she heals.

Plus, who will pay for your medical care incurred AFTER you settle?  What if you were to settle now and nine months later when you are suffering at work and the pain starts to become too much, and you go to a doctor only to discover that you can expect a course of treatment that will cost a lot of money?  After you settle your claims, all further treatment is YOUR responsibility.  Except in specific, unusual situations, you cannot go back and re-open a settlement.  

Here is another page from our website that shows in detail why you should never make an early personal injury insurance claims settlement http://www.settlementcentral.com/page0211.htm

And, of course, once you settle, THAT IS IT: you will never see another dime in pain and suffering money.  By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters?  Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm

I know that you think this is going on too far with this one topic, Clay, but I HAVE TO TELL YOU that this is a REAL danger that I have seen many times.  So just have patience a bit longer and commit yourself to convey the following to your roommate:

There may be a dull ache at night following a day at work or some physical activity or pain the next morning.  DO NOT LET LITTLE PAINS GO UNATTENDED SINCE YOU DO NOT KNOW WHETHER THEY WILL CONTINUE OR GO AWAY.  We all hope and believe that such little pains will disappear soon.  But on the other hand, we have no way of knowing since this is the way serious fractures and soft tissue injuries can behave.  

So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION.  It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A STORE MERCHANDISE FALLING ACCIDENT http://www.settlementcentral.com/page0104.htm


"No medicine: no money"; medical costs increase worth of personal injury insurance claims http://www.settlementcentral.com/page0045.htm


I trust that my time here has been of value to you, James.  And if so,   am asking you to take a moment to leave some feedback for Dr. Settlement.  He is still not feeling well, so any greetings at all will be appreciated.

Very Truly Yours,

Morgan Jacobsen, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com


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Dear Jennifer,

I am sorry to say that our own Dr. Settlement is out sick still.  He went down last week with the flu, and he thought that he would be back on Monday.  Things did not improve today, so rather than wait for him to return in order to answer your question, I am going to pass your inquiry along to another experienced personal injury attorney at www.settlementcentral.com    Her name is Morgan Jacobsen, J.D.   She will set aside all of her work tomorrow in order to get to the backlog of work on the desk of Dr. Settlement.  Hence, while we apologize for the delay owing to sickness, we are tuned in to the needs of those Dr. Settlement is serving---so expect your answer from attorney Jacobsen tomorrow morning.  .  

Very Truly Yours,
  

Douglas H. Green, President
Www.SettlementCentral.Com