Shopping for jackets, coats, snowsuits, and daily apparel is often made easier for us when we shop somewhere that offers these much needed items for every member of the family.
Yet, what should be an easy and convenient shopping experience could turn to tragedy if you’re hurt at Burlington Coat Factory or any other department store. Generally, claims of injuries that take place in retail establishments may be eligible for claims in an area of law known as personal injury law.
How An Injury Can Happen
If you go shopping at Burlington Coat Factory or any other department store, you expect the store to be safe from hazards, so you don’t suffer injuries in a slip and fall. There are several different ways a slip and fall can happen at a department store. Here are a few example scenarios for which a slip and fall accident might lead to injuries and damages. In any of these situations, you may be able to pursue a personal injury claim against the store.
- You exit your car in the parking lot and start walking toward the store. You slip on ice on the sidewalk by the entrance and you fall, suffering a broken ankle. If the store is open for business, they have an obligation to make sure all snow and ice is removed and that salt or melting solution was used to prevent ice from recurring.
- You were walking through the store when unbeknownst to you, some clothes had fallen from the hangers and ended up in the floor under the racks. Your foot got tangled on the clothing and you tripped, hitting your head on a metal rack and suffering a back injury.
- If you were walking through the floor and there was a spill in the floor, such as rain that had been trekked in off shoes or a customer spilled a drink in the floor and it wasn’t cleaned up in a timely manner, then you slipped and fell you may be able to pursue a claim for your damages.
- You were in the store's parking lot when you tripped over broken pavement and suffered a broken nose and deep laceration to your forehead.
Any of these situations will lead to a variety of damages, such as medical care and lost wages. You will want to be sure to include all your damages in your claim, whether they are economic or non-economic in nature.
What Is a Personal Injury Claim?
A personal injury claim is heard in civil court. A personal injury occurs because someone (or an organization) is negligent and causes some type of injury to another party.
This injury can be physical (such as a broken hip), financial (such as property damage), or emotional. Personal injury lawyers are often able to help injured people get the compensation that they deserve for their injuries. So, if you are hurt during a shopping trip to Burlington Coat Factory or any other department store, you should talk with a personal injury attorney as soon as possible.
The Elements of Personal Injury
When claims of any sort go to court, they must meet legal elements to be considered by a court. There are four elements involved in a personal injury claim.
- There must be a duty between the parties. For instance, if you are shopping at a department store, the employees owe you a duty of having reasonably dry floors.
- The duty must be breached. If you decide to shop at a department store on a day it is raining and there is a leak in the roof that caused a wet floor, generally, there is a duty for an employee or manager to either put out wet floor signs to alert shoppers or to put out wet floor signs and mop up the rain water. So, if the employees or a manager knew about the leak and the subsequent wet and slippery floor and did not take any action to try to protect their customers, that may be seen as a breach of their duty.
- An actual injury must take place. Without an injury of some sort, there is no claim. If you did not know about the wet and slippery floor and if you slipped and fell and broke your ankle or even hit your head and received a concussion, you would have what could be considered an actual injury.
- The breach of duty must be the actual cause of your injury. If you slip and fall on a wet floor and break your ankle, it could be very likely that your broken ankle was actually caused because you slipped on the wet floor. A stronger case may be able to be made if there was no notice on display warning customers about the floor. However, if you were shopping and you were on crutches because of a broken ankle and you slipped and fell, then the broken ankle wouldn’t be actually caused by the slick floor.
Evidence and Documentation
You must provide proof of your damages from a trip and fall accident. If you are physically able to do so, get photos of the accident scene and photos of any visible injuries. An accident report should be filed and ask any witnesses to provide written statements regarding what they saw. The more documentation that you have, the more likely you are to succeed with your personal injury claim.
Here are some examples of evidence or documentation that can be used to help you get your premises liability claim on track after a trip and fall at Burlington Coat Factory or any other department store:
- Medical bills
- Proof of missed work and lost wages
- Accident reports
- Witness statements
- Photos of the accident scene
- Photos of the injuries
- Medical excuses and physician notes
- Medical records
Your accident injury attorney will help you determine which damages you suffered in your slip and fall. Some of the damages more commonly claimed in such an accident include:
- Medical bills
- Future medical costs
- Lost wages
- Future loss of earnings
- Pain and suffering
- Property damages
- Loss of enjoyment of life
- Loss of consortium
- Permanent scarring and disfigurement
- Mental anguish
- Long-term or permanent disabilities
Of course, the value of your settlement is affected by the nature of the accident, the severity of your injuries, the extent of your damages, and if there will be any long-term or lasting effects. Your accident injury lawyer will review all the details of your case and determine the best way to proceed with your premises liability case after your trip and fall accident caused by the store’s negligence.
The Value of a Settlement
If you trip and fall while shopping at Burlington Coat Factory, or any other department store, you will want to make sure you are fairly compensated for your damages. You will want to consider any future expenses associated with your injuries. Of course, an injury that is going to effect you longer, such as a back injury or a traumatic brain injury, may result in a larger settlement than something such as a broken wrist.
The total costs of your medical care, plus any future medical expenses will play an important role in the value of your settlement. Also, the total of your lost wages and any future loss of earnings will be added up when the determining the value of your claim. If your medical bills total $50,000 and you are going to be off work 6 months and your annual salary is $50,000 so your lost wages total $25,000, then those two together add up to be $75,000.
Of course, your attorney will then use a formula with a multiplier to determine the value of your pain and suffering. Then, all your other damages will be considered so an overall total can be calculated for your personal injury settlement. No two personal injury claims are the same, so your personal injury lawyer will have to review your case and determine what he or she thinks your case is worth.
When you hire a personal injury lawyer, you will not have to pay anything out of pocket. Your attorney will handle the case on a contingency basis, so your lawyer will not get paid until you win your claim and receive a judgment or a settlement for your slip and fall. At that point, your attorney will receive a pre-agreed percentage of your settlement or judgment, which is usually 20 percent of the amount you are awarded.
The Settlement Process
Your attorney will work to negotiate a settlement with the insurance company of the department store. If a settlement is reached, the court will approve it. If you cannot reach a settlement, the claim will advance to court for a judge or jury to determine the outcome. After a settlement has been reached or there is a judgment, the insurance company has a set timeframe for issuing a check. The check will be sent to your lawyer and then any outstanding medical bills will be paid. Any legal fees that were advanced will also be paid. The lawyer will then take his or her fees and you will receive the remainder.
Learn About Your Legal Options
If you were injured while shopping at Burlington Coat Factory or any other department store, you may have a personal injury claim. It’s important that you know that your time is limited to bring your claim to the attention to the court. So, don’t wait. If you are hurt, contact an experienced personal injury attorney as soon as you can after your injury.
If you are considering filing a claim, you may want to take a look at our page about filing a claim against the company:
How To File A Personal Injury Claim Against Burlington Coat Factory
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Burlington Coat Factory, or any other party, you may not be entitled to any compensation.
