what kind of lawyer do i need for a fall in a store

Full Answer

Should I hire a lawyer for a retail store accident?

Hiring a lawyer depends on the extent of the injury. Most injuries suffered at retail stores are minor, soft tissue injuries. They include bumps, cuts, abrasions, mild lacerations, bruises, and sprained tendons, ligaments, and muscles. Injuries that don’t require hospitalization are soft tissue injuries.

Can I sue a retail store for a slip and fall accident?

A retail store can often be sued for injuries sustained at the store, such as injuries sustained as a result of a slip and fall accident that occurred inside the store. The store has a duty to keep the premises safe. An individual who was injured on the store's premises can file a personal injury claim based on negligence.

What legal protection do I have if I’m injured in a store?

Your legal protection includes the right to seek compensation for injuries caused by the store owner’s failure to take reasonable steps to prevent harm to others. A duty of care is a legal obligation to avoid causing harm to others.

How can a personal injury attorney help me?

A skilled and knowledgeable personal injury attorney will be able to assess your case, represent your interests in court, and help ensure you receive the compensation you are due. Ken joined LegalMatch in January 2002.

What happens if you fall inside a store?

Report the Accident to a Store Manager Find out who the store manager is and let him or her know that you fell and were injured. Ask the manager to file a formal report. While some stores have slip-and-fall policies and forms to complete, many do not. If they do, request a copy of the report after you fill it out.

What to do after falling in a store?

After a Fall in a Store, Take the Following Steps QuicklySeek immediate medical care. The number one priority for any slip and fall injury victim is to seek medical care.Report the incident to employees. ... Take photographs quickly. ... Gather additional information. ... Document everything about the incident. ... Preserve evidence.

What to do if you fall in a business?

What to Do After a Slip and FallGet Medical Attention. The most important thing during a slip and fall is your well-being. ... Obtain Witness Information of the Slip and Fall. If someone witnessed the accident, you should make an effort to collect their statements regarding the accident. ... Insist on Filing a Report.

How long do you have to report a slip and fall?

Three yearsSo what are the personal injury claim time limits for each type of case?Accident TypeHow long do I have to make a claim?Slip, Trip, Fall AccidentThree years from the accident or injuryMedical NegligenceThree years from the date of the cause of injury or the date of knowledge of the injury4 more rows

What is the difference between slip trip and fall?

A “slip” is typically caused by a wet or slippery surface or spilled items. A “trip” is caused by an obstacle of some kind causing you to stumble. And a “fall” often happens as a result of either a slip or a trip.

What should you do if someone falls?

Call 911 for emergency help! If a person appears to be seriously hurt, is bleeding badly, or complains of sharp pain, call 911.

What to do if someone falls in the workplace?

First aid for fallsGet the person to rest.Apply an ice pack to the injury for up to 20 minutes - this will help to reduce the pain and swelling.If there is no improvement, advise them to seek medical advice.

What to keep when filing a slip and fall lawsuit?

If you are considering bringing a slip and fall lawsuit, it is helpful to keep a file that contains all the information about your accident and injuries. In addition to doctor visit records and the other items mentioned above, keeping a daily written record of how much pain you are in each day, how the injuries are affecting your day-to-day ...

What happens if you fall and hurt yourself?

If you’ve fallen and injured yourself because of an unsafe condition at a store, then you may have cause for bringing a legal claim. As public places that encourage people to come in and shop and spend money, stores have a reasonable duty to keep people safe. If they fail to do so and someone is injured, store operators may be guilty ...

What are some examples of injuries?

Poorly placed items that fall into walking paths. Poor lighting inside stores or on sidewalks and in parking lots. Forklifts and other equipment operating in stores. Cracks and other hazards in parking lots. These are just a few examples of ways in which injuries can happen. There are numerous others.

Can an attorney negotiate with a store owner?

It’s important to note that not every claim ends up in front of a judge. Sometimes attorneys can negotiate with the insurance companies of store owners to get their clients adequate compensation without filing a lawsuit.

Can slip and fall happen inside a store?

Slip and fall accidents can occur inside and outside of stores. Here are some examples of dangerous conditions that may cause injuries: Poor lighting inside stores or on sidewalks and in parking lots. These are just a few examples of ways in which injuries can happen. There are numerous others.

Can you sue a store for a slip and fall?

The key to being able to sue a store when you are injured in a slip and fall is to be able to prove that the store was negligent. This isn’t easy to do because stores, especially large chains, have teams of lawyers defending them in these cases. A person who wishes to bring a lawsuit will be best served by having their own attorney.

Why are people injured in stores?

Still, customers are injured every day because of unsafe conditions on retail properties. Slip and falls are one of the most common shopping accidents.

How to prove that the owner is negligent?

To prove the owner was negligent and liable for your injuries, you’ll need to show: A dangerous condition caused your injuries. The owner knew of the dangerous condition or should have known. The owner failed to eliminate or repair the dangerous condition. You didn’t do anything to contribute to your injury.

What did the claim adjuster ask John to send to the insurance company?

The claim adjuster asked him to send copies of his photographs, medical bills, written statements from Sam and Sally, and any other proof of his damages. John took all the necessary steps to prove the store was negligent and establish the scope of his injuries. The insurance company accepted his injury claim.

What is the most common shopping accident?

Slip and falls are one of the most common shopping accidents. Older customers are particularly vulnerable to serious injury. Millions of seniors are treated annually for slip and fall injuries, often suffering from broken bones or head injuries. ¹.

How to collect evidence for a car accident?

Here’s how to collect the evidence you need: Prompt Medical Attention: Ask for medical help or call 911 if the injury is serious enough. Go to your doctor as soon as possible after the accident to document and link your injury to the dangerous condition. Delaying medical attention for your injury can tank your claim.

Can an attorney boost your pay?

When an Attorney Will Boost Your Payout. Hiring an attorney depends on the extent of your injury. Most injuries suffered at retail stores are minor, soft tissue injuries like bumps, cuts, scrapes, bruises, and sprained tendons, ligaments, and muscles.

Can a store owner give you a copy of an incident report?

Delaying medical attention for your injury can tank your claim. Incident Report: Ask the store owner or manager to complete a store incident report and give you a copy. The manager may not have the authority to give you a copy but should give a copy to the store’s insurance company.

Money Damages for Slip and Fall at a Grocery Store

While every case is unique and it is hard to tell how much money you could get for a slip and fall at a grocery store, here are some of the typical damages that we have collected for our clients who have suffered slip and fall injuries:

What We Have to Prove to Hold the Grocery Store Liable for Your Injuries

Whether the accident occurred inside the grocery store or on one of the approaches, we will have to prove all of these factors to establish the liability of the owner:

Getting Legal Help for a Slip and Fall in a Grocery Store

You do not have to take on the grocery store’s liability insurance company by yourself. S. Burke Law can help you navigate through the claims process. We can work directly with the insurer so that you do not have to.

How to hold a grocery store liable?

In order to hold a store liable, you will need to prove that the grocery store was somehow negligent. In legal terms, negligence refers to a failure to use reasonable care, with that failure resulting in the injury of another person. And, in order to prove negligence, you will need to provide proof that: The property owner owed you a duty ...

What happens if a grocery store employee fails to take reasonable steps?

If a grocery store employee fails to take these reasonable steps, the grocery store owner or operator may be liable to an injured customer for failing to follow a reasonable duty of care. They may also be held liable for a customer’s injuries if the grocery store’s employees were not properly trained to take reasonable steps to keep ...

What are the factors that prove a grocery store is negligent?

Some factors that prove a grocery store may be negligent include: The same dangerous condition caused another customer to be injured in a previous accident; The grocery store employees knew about the dangerous condition but did not fix it or exercise their duty of care; or.

What are the most common injuries in grocery stores?

The most common injury that customers sustain while at grocery stores are slip and fall accidents. These accidents can be caused by stray produce and other products that have fallen off of the grocery store’s shelves. Additionally, the customer may slip on a wet floor, or they may be injured by unattended handtrucks or ladders. ...

Why should grocery stores clean wet floors?

For example, you may show that the grocery store should have cleaned a wet floor to prevent a slipping hazard, or placed wet floor warning signs. Additionally, you will need to show that the accident itself caused your injuries. In some cases, the defendant might argue that you sustained your injuries before or after the accident.

Did the grocery store warn people of danger?

Even if they didn’t intend to get hurt, since they created it and then immediately were injured, then they had no reason to expect the grocery store to be able to warn them of the danger.

Can a grocery store be held liable for a wet floor?

In some cases, the grocery store will be held liable for a customer’s injury that was sustained while on the grocery store’s premises. However, the store may not always be at fault. In situations in which a wet floor or dangerous ...

What to do if you get injured in a slip and fall?

It means that if you’ve been injured in a slip and fall accident at a grocery store, you need to find a good lawyer. Your accident might seem minor, but slip and fall grocery store settlements can be worth thousands, and you don’t want to be paying for your own expenses because of an accident that wasn’t your fault.

What is a slip and fall settlement?

What is a Slip and Fall Grocery Store Settlement? Slip and fall grocery store settlements are legal agreements reached between grocery stores and those injured in a slip and fall accident due to that grocery store’s negligence. The amount of the payout can vary by the extent of the injury and the amount of negligence on the part ...

How much did a grocery store pay out for a customer who fell?

In one case, a grocery store chain paid out $125,000 to a customer that sustained a serious shoulder injury after slipping and falling due to a poorly mopped spill and lack of warning signs.

What happens if you are unable to perform your job after an injury?

If you are unable to perform your job after an injury, the grocery store can be responsible for compensating you for mass lost wages, or for the cost of training you in a new field.

Can grocery stores be held responsible for lost wages?

Beyond the time spent in the hospital, sometimes recovery can keep you out of work for days or even weeks, and the grocery store can be held responsible for those lost wages.

Does a slip and fall settlement cover medical bills?

You might think that a slip and fall grocery store settlement would simply cover your medical bills. However, if you have a lawyer well-versed in this area, such as DeSalvo Law slip and fall, you could receive compensation for much more. Pain and suffering is a medical value that is hard to calculate but can be extremely high in some cases.