Sample Demand Letter Slip And Fall At A Retail Store
The first step in getting a personal injury claim underway is to send a demand letter. When you send the demand letter, you need to detail the specific information about your claim and why you believe the other party is liable for the damages. You should provide supporting evidence and documentation with your claim.
Examples of supporting evidence include photos of the accident scene, photos of any injuries and damages, a copy of the accident report, witness statements, repair estimates, medical bills, and medical records.
Anything that supports your claim should be included with the demand letter. If you can successfully prove that the slip and fall was caused by the negligence of store employees, and you can show that the damages you are claiming are directly caused by the slip and fall at the retail store.
When you send the demand letter, you want it to be convincing enough to start negotiating a settlement. If the retail store and their insurer realize that there is adequate evidence to support a claim against them and that you could succeed if your case advanced to court, they will work to resolve matters before the case advances to that level.
If you were recently injured after slipping and falling at a retail store, you may be eligible for compensation. Every day, others involved in accidents just like yours receive compensation for their injuries and lost wages by filing a personal injury claim.
Bronx Personal Injury Lawyer
If youve been injured due to someone elses negligence in the Bronx, NY, you could be entitled to significant compensation for medical bills, lost wages, and pain and suffering caused by your accident. At Oresky & Associates, PLLC, our Bronx personal injury lawyers are here to help. Call us today at to schedule your free consultation.
Since 1992, weve had outstanding success in standing up for injured victims in the Bronx and throughout NYC. Our lawyers are fierce advocates for those injured in catastrophic accidents of all kinds including car accidents, construction accidents, wrongful death, trucking accidents, and much more.
Weve recovered over $400 million in settlements and verdicts for victims just like you with many awards over $1 million. Consultations are completely free with no risk and no obligation to you. Contact our Bronx, New York law firm today to get started.
Does The Letter Initiate A Personal Injury Claim
The demand letter initiates the settlement process. However, it does not initiate a formal personal injury lawsuit.
A well-crafted demand letter can start the negotiation for compensation. In many cases, when both sides are reasonable, the letter starts the negotiation that ends with the victim getting the compensation they need and deserve.
If the negotiation is not going anywhere, filing a formal personal injury lawsuit can escalate the discussions. Filing the lawsuit shows the letters recipients that the victim is willing to take his or her claim to court.
Also Check: How Much Do Personal Injury Lawyers Take
A Personal Injury Demand Letter Notifies The Other Party
In a personal injury case, a demand letter is used to notify that other party that they are liable for your accident and that you intend on pursuing legal action if no agreement can be reached. Among other things, a demand letter should:
- Describe the accident
- Make a specific request for compensation.
Slip And Fall Accidents
The most common type of retail store accident is a slip and fall accident. Slip and fall injuries occur when a person slips typically on a foreign substance or due to a dangerous condition and falls. Slip and falls in retail stores can occur if merchandise is in the aisle or if a spill is not promptly cleaned up.
Don’t Miss: Personal Injury Attorney In Florida
You Were Injured In A Retail Store Is The Store Liable For A Customer Injury
Store injury settlements is a topic worth investigating when trying to make sense of a recent in-store accident in Chicago. If you or a loved one were hurt in a retail store accident, the location owners may need to be held accountable for those injuries.
While the slip and fall accident is a common type of retail store negligence, there are many others. Filing a premises liability claim may be the next logical step.
Proving a store was negligent can be a tricky process. Speaking with one of our highly qualified personal injury attorneys at Shuman Legal can clear away doubts. Discuss your legal options with us. We can review your case for free.
Secret Number Two: Your Words Will Be Weaponized
CMI will say anything to get your recorded statement. Dont fall for it.
Throughout my career, Ive been amazed at the sheer number of different things people have told me about dealing with CMI before they hired me. The one universal constant is that CMI will say and do just about anything to obtain your recorded statement after a slip and fall injury at Walmart. Its quite common for CMI representatives to tell people that they have a right to take a recorded statement. This is simply not true!
A defendant in a personal injury case has no right to a recorded statement before filing a lawsuit. Victims are under no obligation to provide recorded statements. While Walmart can take a plaintiffs deposition after a claimant has filed a lawsuit, at least the plaintiffs personal injury lawyer is present at that point to prevent abuse and misrepresentation.
CMI representatives will often tell people that they are just trying to help them get their medical bills paid when they ask for a recorded statement. Once again, this is not true. Its just another way to put pressure on you. Remember, the goal of CMI is to help Walmart avoid paying for those medical expenses.
Imagine making an offhand comment like, This isnt my first fall, since Ive always been a little clumsy. You may think thats just self-deprecating, but the representative takes notes in their report:
Read Also: Fayetteville Nc Personal Injury Lawyer
Holding A Store Liable For A Slip And Fall
We’ve established that a store can be legally responsible for injuries resulting from unsafe conditions. But from a practical standpoint, how does an injured customer go about getting compensation? There are usually two main options, though they’re not mutually exclusive:
- filing an insurance claim with the store owner’s commercial liability or general liability insurance policy, which if successful, would result in a settlement that compensates you for your injuries and related losses, and/or
- filing a personal injury lawsuit against the store owner in court, which if successful would result in a judgment for the injured plaintiff, and an order that the store pay the plaintiff money keep in mind that the store’s liability insurer would be on the financial hook here, up to policy limits.
The reason we say these two options aren’t mutually exclusive is that an insurance claim can escalate into a lawsuit, and a lawsuit, once filed, can still be settled out of court at any time. For everything you need to know about settlement, check out our Personal Injury Settlement FAQ.
Assembling A Complete Demand Packet
A complete demand packet has a professional-looking demand letter, copies of your medical bills, and other evidence that proves you were injured by the stores negligence.
Important evidence might include:
Before drafting your demand, calculate the value of your injury claim by totaling your special damages and general damages.
- Special damages, or hard costs, are expenses you can prove with bills, receipts, and wage statements.
- There are no objective measurements for general damages, but there are other ways to account for your claim for pain and suffering.
Make copies of your bills, receipts, and supporting evidence to enclose with your demand letter.
Also Check: Dui Accident With Minor Injuries
How We Can Help You Prove Your Premises Liability Case
Proving that a store is liable for your injury will require evidence to prove your case. This evidence must also show how negligence caused your injuries. There are four elements that determine if a party acted negligently. They are:
- Duty of care. You must show that the store owed you a duty of care. If you were a patron of the store, you should reasonably expect to be kept safe while you are on the premises.
- Breach of duty of care. The store did not keep you free from harm, breaching its duty of care.
- Causation. This breach caused your injury on the stores premises.
- Damages. As a result of your injury, you now have damages, such as medical bills, which you can seek to be compensated for with a monetary award.
An attorney with Ben Crump Law, PLLC, can help you establish these elements of negligence if there is evidence available to build your case. They can also determine the amount of compensation you should seek so you can get back to your life. You can learn more during a free consultation with a team member.
Protecting The Rights Of Victims
If you slip and fall on a property or within a public area in St. Paul, your life can change in an instant. One outing to the mall could result in a severe fall with devastating injuries, pain and suffering, and disruption of your daily life. Slips and falls can happen for many reasons, such as slippery sidewalks, unsafe walkways, broken stairs, spills on floors, or objects left in a walkway. Every year, there are numerous slip and fall incidents.
A slip and fall accident can cause you to miss many days of work and incur hefty medical bills. Your life might never be the same. If you have been injured in a slip and fall accident, you may be able to make a claim for compensation to cover present and future medical bills, present and future lost wages, and pain and suffering. With the help of our St. Paul slip and fall attorneys atRogosheske, Rogosheske & Atkins, PLLC, you will have thepersonal injury representation you need to make a strong claim.
Discuss your case by calling us at today.
Recommended Reading: Personal Injury Attorney In Nyc
What Do I Need To Make A Supermarket Accident Claim
These are the main criteria you need to check to see if you can claim with our no win no fee supermarket accident solicitors:
- Was the accident the supermarkets fault?
- Did you report the accident and your injuries?
- Have you sought medical treatment from your GP or hospital?
- If not, are your injuries still presenting symptoms that your GP can diagnose?
If you havent done any of this already, dont worry, we can help. To see if you can claim after your supermarket accident, please call our team on or if you prefer, we can call you back.
About Ian Morris
Ian leads the team at Direct2Compensation and has over 20 years’ experience in the management of personal injury claims in the UK. Outside of work, he’s married with 2 beautiful daughters. He loves surfing, snowboarding and spending time with his family. Please feel free to ask him a question below. You can read more about Ian here and also find him on , and .
What Should I Do After An Accident
If youre involved in an accident in Bronx, NY:
- Report the accident. Even if you didnt have a need to call 911, report the accident as appropriate. That means reporting it to your employer, the store manager, the property owner, the pool manager, your landlordyou get the idea. Report it to whoever is in charge of the area where you got hurt. Try to make sure a report is made in writing.
- Get medical treatment. No matter how minor or severe you think your injuries are, seek medical attention as soon as possible after your accident. It creates an essential record should you decide to file a personal injury claim. And, more important, it ensures that you are getting the medical care you need for any injuries that might not be visible.
- Collect evidence and information. If possible, snap a few photos of your wounds, the accident scene, and any property damage. If you can, get contact info from anyone else at the scene.
- Contact a reputable law firm. A lawyer will evaluate your case and let you know if you could seek compensation.
Following these steps will help ensure safety and will help in the event you need to seek compensation from an at-fault party.
Don’t Miss: How To Treat Knee Injury
Who Do You Sue For A Slip And Fall Injury In A Store
Typically the defendant in a lawsuit over an in-store slip and fall is the store owner, whether that’s an individual, a partnership, a corporation, or any other kind of business entity.
In some instances, if the store owner does not own the property on which the injury occurred, a slip and fall lawsuit might be brought against the property owner or whoever was responsible for inspecting and maintaining the property.
Note that even when a store employee was negligent, the business owner as the employer would still be liable for the slip and fall claimant’s injuries and other losses, under a legal theory known as “respondeat superior.” Learn more about business, business owner, and employee liability for personal injury.
Real World Cases Involving In
To better illustrate the variety of issues that can arise in cases like these, let’s look at some notable cases involving customers who were injured at retail stores.
Costco Employee Negligence
A California jury sided with a plaintiff who slipped on a puddle of liquid soap and shattered her kneecap in a Costco store. The plaintiff and her legal team were able to show that multiple Costco employees had walked past and ignored the spill before the plaintiff’s accident, a clear instance of negligence. Costco was ordered to pay more than $400,000 for the woman’s medical treatment and her “pain and suffering.”
The Costco “Pot Sticker” Case
A woman sued a Costco store in California after slipping on food on the floor, and injuring her tailbone. Costco employees had been handing out free samples of “pot stickers” nearby. The injured woman alleged that Costco should have inspected the floors more frequently since customers were walking and eating food provided by the store. The jury disagreed and sided with Costco, finding that hourly inspections of the floor were adequate.
Injured in Florida, Suing in New York
Home Depot “Deleted Evidence” Case
Hartner v. Home Depot
Lowes Employee Forklift Accident
Foreign Substances on Store Flores and the “Rebuttable Presumption”
How Much Does It Cost To Hire A Personal Injury Lawyer
Usually, nothing upfront. Most accident and injury attorneys dont charge by the hour. Instead, they work on a contingency fee basis.
That means they get paid from a percentage of the proceeds that they recover on your behalftypically 33% 40%.
The total fee amount will vary for each case. Be sure to talk to your lawyer to understand the specifics of your fee agreement.
Why Recording Your Ongoing Treatment Is Important
Generally speaking, the insurance company for the grocery store will press every opportunity to claim your injuries are not as serious as you state.
Gaps in treatment or premature cessation of treatment, even if the result of life circumstances that may make attending treatment difficult, will almost always be used by the insurance carrier to discredit your claims.
The insurance carrier may even attempt to use gaps or early termination of treatment to allege you are contributing to your injuries. That is, further indicated treatment would have helped you recover sooner or to a greater degree but failure to have such treatment has actually worsened your condition.
Don’t Miss: Personal Injury Attorney Miami Fl
Secret Number Four: Data Leaks
In other words, CMI can share information with other corporations and insurance companies about your claim in case someone wants to use that information against you. Welcome to Walmart, ladies and gentlemen, and say hello to Big Brother!
Experienced Personal Injury Attorneys
At Ankin Law Offices, LLC, our skilled Chicago personal injury attorneys have significant experience representing victims in premises liability lawsuits, including those occurring as a result of a retail store accident or injury. Premises liability is complex legal theory that requires a well-reasoned legal and factual analysis. If you have been injured in a retail store accident, contact the knowledgeable Chicago personal injury attorneys at Ankin Law Offices to schedule a free consultation to discuss a possible premises liability lawsuit.
Personal Injury Lawyers at Ankin Law:
Recommended Reading: Personal Injury Attorney In Houston
When Should I Send My Demand Letter
Because it does not initiate the formal lawsuit, the personal injury demand letter should be sent well before the applicable statute of limitations has run. The statute of limitations is the deadline for filing the personal injury case in court. It may vary, depending on the type of personal injury claim being filed.
Sending the demand letter is a precursor to taking legal action with the lawsuit. By sending the letter early, it gives the settlement negotiation process time to play out.
Continue Medical Treatment And Focus On Your Recovery
If, as a result of your injuries, you remain symptomatic it is best that you continue attending doctors appointments and follow your doctors orders.
Ongoing medical care may be important for you if:
- You are still in pain.
- You still have a limited range of motion or other functional deficits.
- You developed new injuries as a result of the initial injuries.
Such care is important so that you can alleviate your pain and restore function back into your body and quality of life. Our team will also use your ongoing treatment records as evidence of the severity and duration of your injuries.
Read Also: Average Attorney Fee For Personal Injury