slip and fall at gas station with injuries

I am a 36 yr old female, I was working as a nurse at the time of the accident. No pre existing conditions were present. Date of accident was 12/07/2005 in Dauphin county, Pa.

I pulled into a gas station, when I stepped out of my car to pump the gas, as soon as my feet hit the ground I slipped on a large patch of ice. I landed half under my car putting my right arm down to try and brace myself, my left arm was still holding onto the door or the car. The reason I slipped was because there was a large 4x6 area of untreated ice that I didn't see when I pulled in because I parked on top of the ice. It was a clear day and had not snowed or rained. I guess a puddle had formed and froze over night. (this happended around 10am). I did notify the manager and fill out a claim form. They did ask me if I needed an amblance, I declined.

My injuries are as follows: After the slip I had injured my right wrist, both shoulders, knee and back. X-rays showed an AC seperation of both shoulders and sprain/strains of knee and back. My wrist had tramua as well.

My knee and back healed quickly, along with my left shoulder. My wrist was in a splint for 6 weeks before healing. I have had to have 3 surgeries on my right shoulder and months of physical therapy. My medical bills are billed at $60,000 to date. I am just finishing treatment from my last (and I hope final) surgery. I am reaching maxium medical improvment. I do not have an attorney at this point. I would like to know if $250,000 is a reasonable amount to expect for these injuries? That is the min. figure I think they should be worth.

P.S. The insurance company does have an adjuster working on this case. So far I have been working with him, just giving him updates on my surgery and medical expenses. He is working to get all the bills/medical records/lost wages etc. in order to "speed up the evaluation of the claim". I just would like to be prepared as to what my claim might be worth when they make an offer.

Hello....


Whenever you are injured in any type of an accident, it is in your best interest to file a claim as soon as possible. When you file a claim quickly, evidence is more easily gathered to prove your case. In addition, Pennsylvania law puts a time limit on when you can file a claim - this law is referred to as Pennsylvania's "statute of limitations".

The Statue of limitations is 2 years in PA.

This is NOT legal advice, but I think that you are in a very bad situation. After the time limit, the IC adjuster you are 'working with' will probably not even offer you a "hill of beans.".

Finding a lawyer takes time. You are going to need to interview a few, unless you already have one you know.

Usually a person will file an action right away with your type of injuries, the main question will be, if your case were to go to court is why did'nt you file right away?

No on this board will probably quote a $# as to what your case is worth, and wishing willl get you nowhere.....goodluck to you

Liability is the weak element of your case.

You obviously are not visually impaired since you are licensed to drive. A large patch of ice should be visible and present a clear and present danger.

You might check to see if there are any locality specific ordinances relating to gas stations in your community, but the fact remains that you were in an outside environment and in December in Pa.
one probably has no reasonable assurance that
all ramp surfaces will be clear and dry.

The business probably has some "no fault" medical payments insurance coverage that might help you with your deductibles, but successful advocating a liability case in the range of your expectations likely falls far outside of the relm of do it yourself law.

Has the insurance company accepted liability?

Yes, they have accepted responsibility. They are also wanted to settle. I want $250,000 and don't know if that is a reasonable amount.

If the insurance company paid your medical bills and lost wages, why do you want more than that?

"Pennsylvania law puts a time limit on when you can file a claim - this law is referred to as Pennsylvania's "statute of limitations". The Statute of limitations is 2 years in PA."

The Statute of Limitations has nothing to do with filing a claim, it has to do with filing a lawsuit.

You can file the claim the day after the injury but if you don't file the lawsuit before the two year period is up, your claim goes down the drain.

Because victims of negligent parties are entitled to an additional amount for pain and suffering.

"Yes, they have accepted responsibility. They are also wanted to settle. I want $250,000 and don't know if that is a reasonable amount."

There is no such thing as reasonable or fair when it comes to injury claims.

It's all a matter of negotiation and who negotiates from power and who negotiates from weakness.

Sure, 250,000 may be adequate for what you've gone through in the past year and a half.

But if that's what you ask for you can bet that the friendly insurance adjuster is going to come back with an offer of a mere fraction of that.

Even if you ask for two or three times that the adjuster is still likely to come back with a lot less than 250,000.

Then you'll have to decide basically if you want to take it or get a lawyer and file the lawsuit.

As long as you don't have a lawyer the insurance company negotiates from strength and can stand pat and wait you out.

I'm not saying your claim isn't worth 250,000 I'm just telling you how the game is played.

The insurance company has paid me NOTHING. I have almost $100,000 in medical and lost wages. Wouldn't you want more if you had to go through 3 surgeries AND recovery???

I understand thank you for the in site. The adjuster has not come up with a figure and I have not mentioned a figure to him at this point. I just want to have something in mind that I think the claim is worth. I have $100K in medical and lost wages, not to mention that I lost my job as a nurse over a year ago because I could not return as well as the pain and suffering. I don't know at this point if I will ever return to work as a nurse because of the injury. I was just thinking that $250k was a good firm amount. If he comes in too low, I will have no choice but to hire an attorney. I just realize that they take 30% or more so I would need to get a lot more then the $250K to come out the same.

First off I'm not just wishing. I have already filed the claim, that was done the day of the injury. The limitation of 2 years is to file suit. Thank you.

Actually, the ice was not visible because I was parked on it. The ice spread out just under my door (when ajar) so when I took my first step I had no idea it was there. All the other bays at the gas station were clear and ice free. It appears there might be a leak or poor drainage in that bay. Yes, it was cold thta time of year however we had had NO precip. at all over the prior week. Thak you for your thoughts and reply.

Actually, the ice was not visible because I was parked on it. The ice spread out just under my door (when ajar) so when I took my first step I had no idea it was there. All the other bays at the gas station were clear and ice free. It appears there might be a leak or poor drainage in that bay. Yes, it was cold thta time of year however we had had NO precip. at all over the prior week. Thak you for your thoughts and reply.