Question Details:If so, should I just go to small claims court? The store saw everything and helped bandage it up and was documented.
You can recover pain and suffering for your injury. However, don't go to Small Claims Court because the amount of your recovery will be small. Prior to filing a lawsuit, try to get a settlement from the insurance carrier. If the settlement offer from the insurance carrier is insufficient, you would file a lawsuit in either Municipal or Superior Court depending on the amount of your medical bills and the amount you are claiming for pain and suffering. Your state may have other names for the Municipal and Superior courts and you would want to know what the maximum amount of damages is that you can recover in each court in order to select the appropriate court for filing your lawsuit.

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