That is very unfortunate what happened to you at the mall. If you are still hurting, you should immediately seek medical treatment.
This is for at least two reasons: (1) to find out what is wrong and hopefully be cured and (2) avoid providing the insurance company for the mall with a reason to deny your claim as not being hurt because of the gap in time between the fall and seeking medical treatment. Sometimes, the claims adjustor will take the position that someone must not have been hurt if they did not go to a doctor and if there is a gap in treatment, they will look for other events that may have caused the delayed medical treatment, such as a second injury or an injury that existed before the "trip" to the mall.
When you complete the incident report, try to get a copy of it and write down or remember the names of anyone you spoke with that took the report. You also want to notice if there were any cameras around the area where you fell. You will likely be contacted by the insurance company if you already completed the incident report and they should be able to tell you if they have Medical Payments on their insurance policy. Medical Payments may provide a limited amount of money to pay toward your medical expenses without first determining whose fault it was that you fell. They may also try to get you to give a recorded statement and sign an unlimited medical authorization.
Hopefully, your back and head stop hurting and you are able to get back to your normal life, but if not, you should contact a NY licensed attorney before you agree to give the recorded statement or sign the medical authorization.
Good luck!
Regards,
Cephus Richard, III
Johnson, Vorhees & Martucci
510 W. 6th Street
Joplin, Missouri 64801
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