Need info about injury in parking lot.?

Question

I fell in a parking lot 2 weeks ago. I fell hard on my side. 3 days later I was nauseated and had a fever of 102. I also had extreme pain in my lower right side. The dr seems to think that I ruptured a cyst when I fell. My dr wants a cat scan, but I'm uninsured and even with a sliding scale it will cost $250.00.

I fell because I tried to jump over sand bags that the owner had put out after he had a flooding problem. Although it was a very ignorant move. The bags are no where near the flooded area. They are lined up between my office and a store the girls in my office frequently visit on our break time. I have lost at least $600.00 income from lost work and working in pain. I am paid on commission, but I have been with the company for over a year and I am very consistent.

My question is how should I proceed. Should I ask the office owner to file a claim to help me with my medical bills and loss of income? I don't really feel like I should sue for pain and suffering, because I bear some of the blame for not being more careful crossing the sandbags. By the way, some of the people working for the owner were in the lot when I fell and asked me if I was ok. I said yes. Pride, you know.

Also, my boss doesn't have an interest in the building, but I can't help but wonder if he will fire me or if it could cause trouble for him.

Answer 1

In order for the owner to be legally responsible, you will need to prove negligence. You attempting to negotiate the sandbags is not negligence.

You can try filing a claim with the owners insurance carrier. If you are lucky, they may cover the actual medical bills, but you won't be compensated for lost income.

Answer 2

You are not likely to get anyone to pay.  Settlements are based on several factors, including the likely result of a trial.  In your case, there is little risk that the owner of the parking lot will be liable at all.  If liable at all, your contributory negligence will far exceed his.  You can try contacting the insurer for the owner, and they might give you some nuisance money, but probably not more than that.  

Answer 3

You had a duty to mitigate damages by avoiding the sandbags.

Were they avoidable or were you just going the shortest route to your car or where ever it was you were headed ?

You can sue but whether or not you would win remains to be seen.....