My question involves injury or loss that occurred in the state of: Ohio
Recently, I was inside a Fast food court, which was located inside a Larger chain store, standing in line waiting to be helped. I was struck in the side of my neck and head by an employee of the Chain store with a large metal cart. I was slightly dazed, the woman who struck my apologized, asked if I was alright, and then went on her way. Later that evening, my neck began to hurt very badly, when I woke the next morning, it was so sore that I could not move my neck. I went back to the store, spoke with a manager, and filed out an incident report, then, went straight to the hospital, where I was diagnosed with a severe cervical strain, prescribed muscle relaxant and pain meds, and a weeks rest.
While at the store, the next day, I was asked to give a statement, as well as list anyone who witnessed the accident. The only people I know saw the incident, were my girlfriend, the lady who struck me, and the cashier at the counter of subway. I told the manager of the store that the cashier had seen what had happened. He responded by telling me since she was not a chain store employee, what she saw did not matter, this woman being the only third party witness, other than the woman who hit me and my girlfriend. Her statement was never taken. The manager also informed me it was against store policy for their employees to have any type of cart in the fast food court.
A few days later I receive a call from the stores "Claim's management" Department. They retake my statement, and begin their investigation, I was told it would take a few weeks to reach a conclusion.
Today I received a call from my claims specialist. she informed me that they had deemed Wal-mart to be not at fault for any incident, therefore my claim was denied. She would not state if there was security footage of the incident, she told me the employee who I claim struck me, denied hitting me with the cart, and that she could not verify from any witness that I was or was not struck by a cart. I was also informed that for the "employees" safety, and the safety of the witness, I was not allowed to know their identity.
The woman I spoke with was very vague with her responses, she would not say yes or no, the only sentence I could get out of her as far as case details were concerned was " We found in our investigation no reason to support your claim of the incident." When I asked her if the store found that I was struck by a cart in the store, she repeated: " We found in our investigation no reason to support your claim of the incident."
So the questions,
1. Which store SHOULD I have filed the claim with, the fast food court I was in, or the chain store which the court was located, as it was the chain stores property and employee who struck me.
2. Should I contact a lawyer to sue said chain store or fast food establishment?
3. I was only interested in medical bills, however, at this point, I am completely pissed, and I'm out for blood, would I be able to sue for more than just my medical bills?
4. Can the claim's manager really refuse to give me any information on the case, answer question with vague answers and no yes or no to questions.
5. Should I just suck it up and pay my thousands of dollars in medical bills?