Store Injury Settlements

Friday, March 10, 2023

Store Injury Settlements

Written by Malman Law, reviewed by Steve J. Malman.

What is the insurance settlement process like if you are injured in a retail store? It is fairly similar to any insurance settlement process, which involves a lot of back and forth with the store’s insurance company. Evidence of the store’s negligence will be paramount, as will be the help from a slip and fall injury lawyer in Chicago.

The Duty of Care Expected from Retail Stores

The term “duty of care” refers to a store’s obligation to provide a safe environment for the public. Retailers are required by law to do everything they can to ensure their stores are not hazardous. This is why Home Depot will close off an entire aisle when they need to bring in the forklift to get something heavy off the top shelf, for example. If a patron were to get hurt by the forklift or by something falling off the forklift, Home Depot would be responsible for that person’s injuries, pain and suffering, and other damages (medical or legal costs, etc.).

Evidence of the Store’s Negligence

Like any legal case, you and your legal team must show that the store caused your injuries, also called  negligence. That looks like:

• Store employees being aware of the dangerous condition and not fixing it
• The ignored danger directly causing your injury
• You did not contribute to your injury (i.e., you were not drunk when you fell down)
• Your injuries can be documented (i.e., something that can be seen on a scan, Xray, or verified by a medical examination)
• Your injuries were serious enough that you needed medical attention (not a paper cut or bruise)

Hire a Lawyer Who Can Send the Store a Demand Letter

After you get treated medically for your injuries, your personal injury lawyer will draft what’s called a demand letter spelling out what financial compensation you are asking for. The demand letter will specify the costs you’ve incurred from doctor’s bills, hospitalization, medicine, lost wages, nursing care, and so forth. The demand letter will also include an amount for “pain and suffering” to compensate you and your family for your stress and trauma. This letter will also include copies of your receipts and other proof of your injuries. Your attorney will also send a notification letter to the store’s insurance provider.

Agreeing on a Settlement Amount

Settling means that you and the store in question will try to compromise on what your claim is worth without filing a lawsuit and having to go to court. Because the settlement process is out of court, it isn’t really exact. It could be fast or slow. You might end up in mediation or arbitration. You want a lawyer handling this entire process for you.

Call a Chicago Store Injury Lawyer Today!

Instead of trying to navigate the insurance claims process, focus on your recovery and turn to someone who already has the experience and knowledge you need—a Chicago personal injury attorney. Malman Law would be happy to assist you with your store injury claim. To discuss your individual situation with our office, fill out our online contact form.