You don’t spend time in a discount store expecting to end up on your back after a slip, trip and fall that could have been avoided if the store employees or management had maintained better safety standards.
You may be considering whether you can recover sufficient compensation if you file a personal injury claim against the store.
It’s hard to make a prediction about what you might obtain in any personal injury claim as there are so many variables involved.
However, there are certain standard components of any soundly developed claim and an experienced personal injury attorney can help you work out what should be a realistic target to present to the store insurance adjusters who will handle the claim on behalf of their corporate client.
The Variables Behind a Personal Injury Claim
The main determinants of any personal injury claim are the nature and severity of the injuries you have received, how much a medical facility or facilities will charge to treat the injuries, how much you have suffered during the whole episode and the effect it has had on your ability to earn a living.
Each of these variables needs to be calculated as carefully as possible when making a personal injury claim.. It can take time to finalize a claim and there may be substantial negotiation between your attorney and the store’s insurer before a settlement is reached.
The insurer may not be prepared to make an offer until your treatment is finalized, and in any case it is in your interests to make sure that any future consequences resulting from the injury are known.
Some symptoms may take several weeks or even months before they show themselves. For example, a slip-and-fall accident at a store can affect someone more immediately that contracting a foodborne illness.
What You Can Do If You Fell at a Store
If you are shopping at a store, there may be a possibility you could suffer injuries because of the negligence of the store employees. If you can show that negligence caused your damages, you can pursue a personal injury claim against the retailer. You will need to gather supporting evidence and documentation for your claim so you can show that you suffered losses and that they are liable for those damages.
Calculating The Value Of Your Claim
When you are pursuing a personal injury claim against Dollar General, or any other discount store, for damages you suffered in an accident, you will need to come up with a total for your damages. First off, you will need to consider the nature of your damages and their severity. As an example, a broken arm isn’t going to be worth as much as a spinal injury that requires surgical intervention.
You should establish medical care right away. That way, you can prove that your injuries were the direct result of the accident at a store. You should maintain supporting documentation, such as medical records and medical bills.
Get statements from witnesses and photos of the accident scene. You should have documentation from your physician that details the severity and extent of your injuries. Also, document any and all missed work and lost wages.
Get all your medical bills and add them up. You will need to come up with a total. Be sure to itemize your list. Medical expenses include hospital bills, physician visits, medical equipment and devices, prescriptions, physical therapy, chiropractic care, and anything else related to the medical care of your injuries.
You will then need to consider any future medical care and those costs. As an example, you may need surgery in the future. Be sure to figure in those expenses.
Add up all your lost wages because of the injury. If you are going to miss more work, or if your injuries are disabling, you should provide supporting documentation and add in those expenses to your total.
If you must change professions because of the severity of your injury and that will cause you to receive a decrease in pay, you will need to note that as well. Your personal injury attorney will help you recover compensation for the future loss of earnings.
If you have medical bills, then you have pain and suffering. A multiplier, usually ranging from 1 to 5, is used to determine the overall dollar value of your pain and suffering. The more severe your injury, the higher the multiplier.
A sprain and strain might warrant 1 as a multiplier while a back injury that requires surgery may warrant a 5. Some extreme injuries, such as a traumatic brain injury or paralysis, could result in a multiplier higher than a 5, as sometimes a figure as high as 7 is used.
Sometimes the injuries can cause the accident victim to suffer from anxiety, depression, and nervousness. If this is the case, your attorney will suggest that you include mental anguish as a damage in your personal injury claim. Other damages that may apply include permanent scarring and disfigurement, loss of enjoyment of life, loss of consortium, and so forth. Your attorney will help you itemize your damages and then come up with the overall value for your personal injury claim.
Her are some of the more common damages that are itemized in a personal injury claim:
- Medical expenses
- Lost wages
- Pain and suffering
- Mental anguish
- Permanent scarring and disfigurement
As an example, you may have a back injury that has caused $140,000 in medical bills. This injury will affect you the rest of your life, so your lawyer will use a higher multiplier, such as a 4 or 5. Five times $140,000 would total $700,000 for pain and suffering.
You were unable to work for several months and you cannot return to the same job, so your lost wages add up to $200,000. By the time your other damages are figured in, your attorney will file a claim for $1 million for your losses. However, it is not likely that you will recover that much from your claim.
And, the results vary on a case by case basis. Different injuries and different accident scenarios have different results. You should consult with your personal injury lawyer to determine the value of your specific injury claim. Your lawyer will be able to gather supporting evidence, review the details of your case, and then determine your losses and what would be the equivalent value of a fair settlement.
Tips For Getting Your Claim Approved
To have a successful claim, you must have enough supporting evidence to show that the store is liable for your damages. You will also need to provide supporting documentation that proves the extent of your injuries and the values of your losses. Your lawyer will help you gather up these documents.
How To Negotiate a Settlement
You should have a minimum amount that you will accept for your settlement. Don’t let a store lowball you. Instead, work to negotiate with their insurer. Don’t take less than your claim is worth.
Otherwise, you may be stuck paying your medical bills out of pocket, or you could find yourself without any income because of your inability to work. Consider your family and how these injuries are affecting your overall financial situation.
When you retain a personal injury lawyer, they are taking your case on a contingency basis. That means that your attorney will not be paid until you receive a judgment or a settlement to cover your damages. Your lawyer has strong negotiation skills, so your attorney will work to ensure that you are treated fairly throughout the claims process and that you are fairly compensated for your injuries that were caused by the negligence of store.
What’s Involved in Calculating a Realistic Compensation Settlement?
The primary damages in any personal injury claim are the full medical costs and the immediate loss of earnings. Both these amounts do need to be documented as accurately and completely as possible, but are relatively straightforward in comparison with other components of a PI claim.
Most claims also include an amount for the “pain and suffering” involved. This is not easy to calculate directly. Most insurers will use the medical costs as a basis for pain and suffering and apply a multiple for compensation.
The multiple may be anything from 50% of the medical costs for an injury that is fully healed with minimal future effects on the life of the accident victim to a multiple of 500% or more for permanent injuries.
Other more difficult but necessary components are for rehabilitation costs and compensation if the ability to return to the same type of work and expected earnings has been compromised.
Use a Personal Injury Attorney to Help Formulate a Realistic Claim
Calculating a realistic personal injury settlement figure can be a complicated task and is best left to an experienced personal injury attorney. An attorney with experience in typical store slip and fall accidents will be able to give a much better idea of how much you should claim. It's a good idea to speak with an attorney right away.
*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 Dollar General, or another party, you may not be entitled to any compensation.
