Mexia, TX Personal Injury Law Firms & Lawyers

In order to bring a claim for medical malpractice, you have to (1) obtain all of the records (at $1 a page) and (2) get an affidavit from a "similar health care provider" attesting to that doctor's belief there was malpractice (at your own expense, or the expense of a lawyer who will expect to be paid back out of the proceeds of the recovery). It doesn't sound to me like the possible recovery would be worth all of the expense if your child did not suffer severe, permanent injury and if your medical insurance paid the bills. The law in Florida is extremely favorable to doctors.

Yes the doctor needs prior medical history and the insurance company wants it to establish that the on the job injury was the cause of your disability.

In order to prevail on a personal injury claim against the store, you must be able to prove two things. The first is that there was a dangerous and defective condition of the floor. If a floor is a wet and that makes the floor slippery then there is a potentially valid argument that the floor was in a dangerous condition. The second thing you must be able to prove is either that the store created the dangerous condition or that the condition existed for such a length of time that the store would have been able to discover it upon reasonable inspection. If the floor was wet because a store employee mopped the floor or because a store employee dropped something on the floor that made it wet, then the store created the condition. If the floor was wet because a customer dropped something on the floor that made the floor wet, then the store did not create the dangerous condition and you must prove that the wet floor existed for such a length of time that the store should have discovered it upon reasonable inspection. In terms of the injury part of the claim, your wife can make a claim for any medical bills she incurs, and lost wages if she loses time from work, and damages for her pain and suffering. Regardless of whether or not the store would be held liable for your wife's injuries, if the store carries liability insurance, there is often what is called medical coverage under the policy which applies whether or not the store is responsible for the injury. This means that the insurance company would pay for your wife's medical bills up to the limit of the amount of that coverage even if the store is not at fault for the injury. Unfortunately, that coverage is often only for $1,000 though it can be higher and that coverage would only be available if the store carries that type of coverage on the policy. That coverage is separate and apart from their liability coverage. The liability coverage comes into play only if you can prove the two issues discussed above. Also, note that there are time limits that apply to these types of claims. Presuming the store is not owned by some sort of governmental entity, the Statute of Limitations for these types of claims is two years. This means within two years from the date of the incident your wife would either have to have her personal injury claim settled, or file a lawsuit against the store within the two years or she would lose all her rights to make a personal injury claim. If the store was owned by some sort of governmental entity, then the Statute of Limitations is much shorter and you should consult an attorney to discuss that.