Can I get compensated for medical treatment and concussion symptoms from a fall at a store?
Can I get compensated for medical treatment and concussion symptoms from a fall at a store? - North Carolina
Short Answer
Yes—under North Carolina law, you can recover compensation if you prove the store was negligent and that negligence caused your injuries. You must show the store created the hazard or knew (or should have known) about it and failed to fix or warn. North Carolina’s three-year deadline applies to most slip-and-fall claims, and provider/Medicaid reimbursement rules will affect how medical bills are paid from any settlement.
Understanding the Problem
In North Carolina, can a customer recover money for medical treatment and concussion symptoms after slipping on water in a store aisle and hitting his head? You’re asking whether a store can be held responsible in a personal injury claim (premises liability) and what that process looks like if you reported the incident and received ongoing care.
Apply the Law
North Carolina premises liability is a negligence claim. A customer must prove the store breached its duty to keep the premises reasonably safe and that this failure caused injury. You file a civil action in Superior Court, typically in the county where the fall happened or where the store is based. Most personal injury claims must be filed within three years. Medical providers and Medicaid may have reimbursement rights from any recovery and must be addressed before funds are disbursed.
Key Requirements
Dangerous condition: A hazardous condition existed (for example, water on the floor) that posed an unreasonable risk to shoppers.
Notice or creation by store: The store created the hazard or had actual/constructive notice of it and failed to fix it or warn customers in a reasonable time.
Causation and damages: The fall caused your concussion and other injuries, supported by medical records and bills.
No contributory negligence: Your own carelessness did not contribute to the fall; even small fault on the shopper can bar recovery in North Carolina.
Timely filing and proper service: File within three years and serve the defendant under Rule 4 to keep the claim alive.
Liens/reimbursement: Medical providers and Medicaid have statutory rights that must be resolved from any settlement, subject to caps and allocation rules.
Apply the Rule to the Facts: Water on a store aisle is a dangerous condition. Your accident report and prompt treatment support causation between the fall and concussion symptoms (headaches and blurred vision). Your ability to recover turns on whether the store created the spill or had enough time to discover and fix or warn about it. Because North Carolina bars recovery if you were even slightly at fault, facts showing you acted reasonably—normal walking, no warnings, no obvious hazard—are important.
Process & Timing
Who files: The injured customer. Where: Clerk of Superior Court in the county where the fall occurred or where the store does business in North Carolina. What: Civil Complaint and Civil Summons (AOC-CV-100) alleging negligence/premises liability; serve under Rule 4. When: File within three years of the fall; serve promptly after filing.
Evidence phase: Send the store a written request to preserve video, incident logs, and cleaning records; gather medical records and bills; document symptoms and limitations. Expect written discovery, depositions, and often court-ordered mediation; timelines vary by county.
Resolution: Case may settle at mediation or proceed to trial in Superior Court. Before disbursing settlement funds, address medical provider liens and Medicaid’s reimbursement claim consistent with statutory limits; your attorney allocates and pays these from the recovery.
Exceptions & Pitfalls
Contributory negligence: If the defense proves you were even 1% at fault, you may be barred from recovery.
Notice gap: If the spill happened moments before your fall and the store had no reasonable chance to discover it, liability is harder to prove.
Open-and-obvious hazards: Stores often argue the danger was visible; photographs, video, and lighting details matter.
Evidence loss: Surveillance video can be overwritten quickly—send a preservation letter to the store immediately.
Recorded statements: Be cautious with insurer calls; statements taken early can be used to dispute fault or injuries.
Liens: Unresolved provider and Medicaid claims can delay payment; proper notice and allocation reduce delays and protect your net recovery.
Conclusion
In North Carolina, you can be compensated for medical treatment and concussion symptoms from a store fall if you prove the store negligently allowed a hazardous condition and that it caused your injuries. Act within the three-year filing deadline, gather evidence of notice and causation, and be mindful that any fault on your part can bar recovery. Next step: file a Complaint and Civil Summons in Superior Court and promptly preserve store video and records.
Talk to a Personal Injury Attorney
If you're dealing with injuries from a slip-and-fall at a store and ongoing concussion symptoms, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.
Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.
