If you have been injured in an accident at a store or an accident involving the store workers on the job, you might be able to pursue compensation through a personal injury claim.
In order to have a successful personal injury claim, you will have to prove that the store was negligent. Proving negligence is showing that someone is at fault for the damages and injuries that resulted from the accident that resulted.
The Elements of a Negligence Claim
In order to have a successful negligence claim, you have to prove the four elements of a negligence claim to show that the defendant acted negligently.
Here are the four elements that must be shown to have a successful claim:
- Duty - That the super store owed a legal duty to you under the circumstances at hand. As an example, if you were shopping the floor should have been clean and free from dangers. The company has a duty to keep the store safe so you can shop. If it is open to the public for business, the company owes you a duty of care.
- Breach - You have to show that the defendant breached that legal duty by acting in a certain way or by failing to act in a certain way. If the store's floors had liquids spilled on them or if the merchandise was placed in a dangerous manner making it easy to fall on you, it has breached its duty of care.
- Causation - You must show that the defendant's actions or inactions caused the injuries that you suffered. This means that if you slipped because of a spill, you have to show that the injuries you had treated were results of that fall; and
- Damages - You have to prove that you were injured as a result of the actions or lack of actions of the store's management.. That means you need to supply photos of your injuries and copies of medical records.
Meeting the four elements of a negligence claim is detrimental to having a successful claim and winning compensation for your damages. You should consult a personal injury attorney so you can get your claim on the right track.
Your attorney will investigate the accident and come up with the best way to prove the four elements of your case.
Consult With A Personal Injury Attorney
If you have been injured in an accident that the store is liable for, you should consult with a personal injury attorney. Don't try to settle the claim yourself, because you might lose all chances at receiving compensation for your injuries.
A lawyer knows how to proceed with your claim and can gather the necessary evidence and come up with an effective argument for proving the four elements of the negligence claim against the retailer.
Schedule a free case evaluation right away as a statute of limitations is applicable.
*Disclaimer The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Wal-Mart, or any other party, you may not be entitled to any compensation.
