You might realize that a slip and fall accident could potentially happen anywhere where you might visit on a regular basis, but it’s not the sort of thing you expect to happen. An unexpected accident can become an expensive burden for you and your family.
If it happened in a store due to negligence on the part of the staff working there, you should consider the possibility of claiming compensation to cover medical treatment and any lost earnings. A personal injury attorney will explain your options and help you with a claim if you decide to go ahead.
A Store Slip-and-Fall Accident Hazard Checklist
Accidents rarely happen in a well-managed store or supermarket unless they are the fault of the person who has the accident. More commonly, lapses in attention lead to hazards appearing in a store. Unless they are attended to quickly, there is a possibility that someone could slip, trip or fall over with serious injuries possible. Typical preventable hazards in a department store are as follows:
- Loose or torn carpets or other floor covering;
- Jerky motion on an escalator or elevator r uneven access way;
- Slippery floors due to recent cleaning or spillages or leakages from grocery products or plumbing;
- Goods that have fallen or knocked on to the floor;
- Inadequate lighting making it to dark to see where to step.
Generally, a claim for compensation cannot succeed unless it can be shown that a particular injury was related to an accident that happened in a store and that the accident would not have happened if the store workers had attended to the hazard in time.
What You Should Do After A Slip and Fall
If you suffer injuries in a slip and fall, you need to know what to do to protect your rights and preserve evidence and documentation. When you suffer a slip and fall, you should do everything that you can to prove that the injuries are not your fault, and to show that the store is liable for your damages.
If you are physically able to do so, you should get photos of the accident scene. These photos should show where you fell and why you fell.
Be sure to ask any witnesses to provide written statements that detail what happened, how it happened, and where it happened. Look to see if there are surveillance cameras in the area. Your attorney can ask for the surveillance video to be taken and used as evidence in your case.
Be sure to notify an employee of the store immediately. You will want to make sure the store is aware of the accident the same day that it happened. This is imperative to your case. The store will need to complete an accident report, and if you don’t report the accident when it happens, it may be difficult to prove that your injuries were caused by the fall at the store that day.
You should establish medical care right away. You must be able to show there is a casual connection between your injuries and the slip and fall. If you don’t establish medical care right away, it will be difficult to prove that your injuries and damages were the direct result of the slip and fall in the retail store. You will need to maintain supporting documentation after you seek medical care.
Be sure to maintain all supporting documentation, such as medical bills, medical records, prescription receipts, receipts for medical devices, photos of any injuries, and copies of any medical excuses. Be sure to document any missed work and lost wages.
If you had any personal property damaged, such as broken eyeglasses, be sure to get an estimate or receipt for the cost of replacement. You may need a copy of the original receipt for the pair that suffered damages.
Drafting Your Accident Claim
When you suffer injuries in a slip and fall at Ross, or any other store, you need to get your accident injury claim filed right away. When you file a claim, you will need to provide physical evidence to support your claim.
This will include the evidence that has been previously mentioned, such as photographs of the accident scene, a copy of the accident report, witness statements, copies of medical bills, copies of missed work and lost wages, and so forth.
The first step in starting your claim after a slip and fall at a store is to send a demand letter. In this letter, you must explain what happened, how it happened, and why you believe they is responsible for the damages that you suffered. Be sure to provide supporting documentation, such as copies of the bills, the accident report, and witness statements. You will want to itemize your losses and add them up to indicate the total that you wish to recover as compensation for your damages from the slip and fall.
Remember, you will most likely not recover what you initially ask for in your claim, so leave room for negotiations. Have in mind the minimum amount you are willing to take, and always ask for more than what you will settle for. Often, the insurance company will negotiate with you because it is often less expensive and in their best interest to resolve the claim before it gets to court.
How To Get Your Personal Injury Claim Started
When you have suffered injuries in a slip and fall, you should consult with a personal injury attorney who is licensed in your area and handles slip and fall claims in your state. Personal injury claims can be complicated, so you will want to make sure that you have legal representation. The insurer for any big chain store will be looking out for their best interest and will be trying to make sure they pay out as little as possible to settle the claim.
You will want a lawyer who is looking out for your interests and who is ensuring that your rights are protected. Your attorney will help you build your claim and show that it is a legitimate claim and prove that negligence was the contributing cause of your damages and injuries. Filing a claim on your own can be challenging, so you a knowledgeable attorney who is licensed in your state can help make the process flow more effectively and smoothly.
An Attorney Can Discuss Your Legal Options after a Slip-and-Fall Injury in a Store
It’s hard to know whether a claim for compensation will be accepted in advance. Most private store owners and their insurers are reluctant to admit liability without obvious proof. If you try and negotiate compensation by yourself, you may find that you are offered a paltry amount because the insurance company is able to exploit your lack of legal knowledge. Talk to a personal injury attorney before you decide to file a claim. The attorney can help you decide whether a claim is worthwhile and then negotiate a fair settlement on your behalf.
If you suffered injuries in a slip and fall, talk with a personal injury attorney who handles slip and fall cases in your area. Personal injury lawyers take cases on a contingency basis, which means that your lawyer will not need to receive a payment until you win your claim and recover damages through a judgment or if you reach a settlement for your claim.
There is a statute of limitations for pursuing a slip and fall injury claim, and if you wait too late, you will not be able to recover compensation for your damages. Complete the Free Case Evaluation Form on this page to share the details surrounding your slip and fall.
An attorney will be able to help you determine the best way to proceed with your claim. A lawyer is familiar with the state laws and will understand the claims process. To have a successful claim, you must prove all four elements of negligence apply to your situation, and your attorney will help you gather the supporting evidence that indicates just that. Don’t wait until it is too late to get your slip and fall claim underway.
*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 Ross Stores, or any other party, you may not be entitled to any compensation.
