When doing some leisure shopping at a store, the last thing you expect is a sudden accident. Unfortunately, no store or customer is immune to accidents like these.
However, this doesn’t mean that it is always the customer’s responsibility to cover the suffering and expenses resulting from the event.
If you were recently injured during an accident at a department store, you may be eligible for financial compensation by filing a personal injury claim.
Step One: Analyzing Your Accident
In order to qualify for a personal injury claim, your accident must have been caused by a mistake on the store's part. This is called “determining negligence.” If the department store is found negligent in your case, then the company will be responsible to cover injury costs.
For instance: say you were shopping at your local department store during a big summer blow-out sale. You found your way through the crowd to the discounted dress section. However, the main dress aisle was filled with discarded garments that hadn’t been hung up again.
While trying to dodge these garments to get to the dresses, you slipped on the garments strewn about on the slick tile. You fell and injured your neck, head, and knee.
In this instance, because the bad conditions of the store caused an accident despite you trying to avoid it, the store would likely be found negligent.
If you believe your accident was similarly the store's fault, then it is time to begin your PI claim.
Step Two: Filing Your Demand Letter
Filing a demand letter is the official beginning of the PI process. It may be a good idea to meet with a lawyer to help you with your demand letter. The letter for the store's insurance should be formatted and written according to official legal standards. When following this demand letter format, include the following information:
- a detailed written statement explaining what you remember from before, during, and after the accident
- witness statements of any employees or customers
- photographs of the accident site and any injuries
- medical bills, test results, and doctor diagnoses to demonstrate what will require compensation
The more evidence you provide here, the more likely you will demonstrate a strong case that is likely to result in compensation.
Step 3: Preparing for the Claims Process
Personal injury claims can be a rather tedious process. Once the department store receives your demand letter the process will likely involve the company's own investigation of the incident. This can take time, especially if the company ends up requesting a deposition.
Depositions involve a scheduled out-of-court meeting with the opposing party’s attorneys to answer questions about yourself and the accident while on record. This can sound intimidating, but don’t worry — this is all part of the claims process.
Even if your initial claim is denied, there are still steps you can take to try and get compensation.
Considering a Personal Injury Attorney
Whether you’re preparing for a deposition, a court date, or are just beginning your claim, speaking with a personal injury attorney is always a wise option. If you are unsure of your financial situation, it is important to note that attorneys will only take payment if they win your case.
Especially in troublesome or lengthy cases, an attorney can make all the difference between winning and losing a case.
*Disclaimer: The content of this article serves only to provide information, and should not be construed as official legal advice. You may not be entitled to compensation if you file a claim against J.C. Penney, or any other party, for your accident.
