Q: Can I file a small claim on my own in a slip and fall accident?
I had a slip and fall at Walgreen's. No broken bones. I have been cooperating with Walgreen's claim department, Sedgwick. I sent in my medical records and bills. A rep from Sedgwick offered me one thousand dollars and I would like to file a small claim on my own.
A: Yes, that's what small claims court is for. A defendant in a slip and fall case isn't strictly liable. You would still have to prove that Walgreen's was somehow negligent. So perhaps they are offering you the $1 K just to cut their losses with respect to what they perceive as a nuisance suit.
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