If you have been injured in a slip and fall accident and the accident was not your fault but occurred in an at-fault state, you may be able to file for compensation from the store's insurer to cover the financial hardship caused by the injury. In order to reach a favorable settlement you need to have the evidence available to prove the store's negligence was to blame for your injury.
When you head out for a shopping trip to a Target, or any other store, you expect the experience to be a pleasant one. The last thing you expect is to sustain a serious injury due to a slip and fall accident that occurred due to negligence on the store’s behalf. Unfortunately it is indeed a common occurrence, and if you find yourself in such a situation there are some things you need to keep in mind.
Are Slip-and-Fall Accidents Common At Stores?
There are many instances that may result in a slip and fall accident at a store such as Target. If a floor is freshly washed or waxed and no wet floor sign is left up to alert you as to the slippery conditions, you may find yourself injured by a slip and fall accident. If a spill occurs in the store and is not properly and promptly attended to by employees, you may also suffer as the result of a slip and fall due to the conditions left behind by the spill. If products are improperly placed on the store floor, where you could easily trip over them, this could also result in injury. Improperly maintained floors, such as floors at that buckling and/or uneven can also lead to slip and fall accidents.
What Should You Do After a Slip-and-Fall At a Store?
If you suffer injury from a slip and fall accident at Target, or any other store, there are some actions you will want to take immediately. First, report the accident to store personnel and fill out any necessary reports.
You will also want to go to your doctor or the emergency room immediately after the accident to tend to any injuries and to start a record of the injuries you sustained as a result of the fall. If Target, or any store where a slip and fall occurs, does not provide you with the insurance company’s information, you will want to obtain that in order to file a claim.
The store may request you see one of their insurance company’s doctors. If that is the case, you may do so but also insist on seeing your own doctor as well.
The Better Your Evidence, the Stronger the Claim Against A Store
There are several kinds of evidence that you can use to support your PI claim against a store such as Target, which are as follows:
- photos of the scene of the accident and your injuries;
- eye witness’ statements vouching what caused the accident including pictures;
- video footage from security cams located in the store;
- medical documentation from the physician treating you;
- past bills you have paid for medical treatment for the slip and fall;
- future estimates for further medical treatment and lost wages.
Department Store Incident Report
If you have been involved in an accident at Target or another store, you should first alert the store’s manager so that they can file a incident report. The incident report for Target, or any other store, should include the employee’s name, address, email and phone number.
If medical treatment was required the name of the treating physician should also be included. If hospitalization was needed details of the time in hospital and the treatment provided should be filled in on then incident report form.
The incident report should also include what was going on just before the incident occurred, a description of the activity, as well as specific details about the tools, equipment, or material involved. This should be followed by what happened and how the injury occurred.
As soon as the report has been filled for Target or another store the following takes place:
- One copy goes to the store where the incident happened.
- The second copy of the incident report is provided to the customer.
- The last copy is sent to Claims Management Services.
After submitting an incident report you may be contacted by Targets representatives so it’s best to have an attorney by your side. The attorney will need as much evidence as possible about the injury so he or she can determine if you are eligible for compensation from Target or any other department store.
Injury Compensation For A Slip and Fall Claim
Getting a retailer to provide you injury compensation is not set-in-stone and requires that you prove your injuries are a direct result of an employee or customer. The protocol when someone slips and falls in a store such as Target starts with the Leader on Duty. He or she is supposed to fill out a "Guest Incident Report" for all accidents involving their customers. The store's management is also supposed to write down the customer's information such as name, number, address etc. Most importantly, they are required to take down the details of the slip and fall incident.
Getting the compensation for the injuries you sustained requires the skills of a reputable personal injury attorney. Complete the free evaluation form to speak with an attorney in your area today.
Determining Whether or Not to Hire an Attorney
If you are the victim of a slip and fall accident at Target, or any other store, you will want to decide whether or not you should hire an attorney to represent you in your claim. There are various factors to consider when making this decision, but in most cases working with a personal injury attorney can be to your advantage.
While a personal injury attorney will usually work on a contingency basis, this means that they do take a percentage of whatever damages you receive. This also means you do not have to come up with any up-front out-of-pocket expenses. It is also important to consider that when working with a personal injury attorney, you are likely to receive more compensation from the store than you would if you dealt with the store’s insurance company directly. This is because the insurance company is not interested in paying you everything you are possibly entitled to, but rather paying you only what they absolutely have to in order to comply with their policies. When working with a personal injury attorney, you are more likely to be awarded damages such as pain and suffering and compensation for lost wages caused by time missed from work due to the injury, which the insurance company is not likely going to offer you or, if they do offer, will not offer you to the fullest degree possible. When you are being represented by a personal injury attorney, your interests and rights are protected and your attorney can ensure that you receive the full amount of damages that you are entitled to.
Should I File A Lawsuit Against The Store?
When working with a personal injury attorney to receive compensation for your slip and fall injuries caused by an accident, your attorney may know if the settlement that is being offered to you by the insurance company is a fair one. If it is not, you may want to consider taking the matter to court and filing a lawsuit to fight for the compensation you rightfully deserve. If the case does go to court, the representation of a personal injury attorney can be crucial to the outcome of your case. Generally, the value of your claim against Target can vary due to many factors, but a lawyer can give you guidance on all of them.
Do You Need an Attorney For a Suit Against?
Because Target, like many other massive retailers, has deep pockets it can put up a good case when a customer files for a damages settlement for a slip and fall injury in one of their stores. You are only likely to reach a good settlement if you put up a strong case with suitable evidence. If you hire an attorney s/he will help you with the calculation for damages and will know if/when you should settle.
When you contact a personal injury attorney due to a slip and fall accident, you will need to explain to the attorney exactly what happened, what caused the fall, and what injuries you sustained. You will also want to disclose any lost wages you may have incurred thus far and any you are expecting to lose. You will also want to try and detail the amount of pain you have been subjected to. All of these things will play a role in your case. By working with your attorney, you can determine the best course of action for seeking compensation for your injuries.
*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 Target, or any other party, you may not be entitled to any compensation.
