If you or a loved one was injured when you fell in a dollar store, you can recover damages for your injuries and related expenses. Recovering those damages means filing an insurance claim. You must prove your fall was caused by negligence and then negotiate a fair settlement with the insurance company. If you cannot reach a settlement with the insurance company, then you could pursue compensation through a personal injury lawsuit.
However, you do not need to know how to sue a dollar store for a slip and fall accident or navigate this complex process on your own. Your time would be better spent recovering from your injuries. A Fort Lauderdale slip and fall injury lawyer in your area can take on the retailer and their insurer on your behalf. Most will review your case at no cost or obligation and describe the strategy they will develop to fight for your financial recovery.
Prove Your Dollar Store Slip and Fall Was Caused by Negligence
Not every accident that occurs in a retail store entitles you to sue for damages. Suing for compensation is only an option if your fall was the result of another person’s or entity’s negligence. To prove it was, you must prove the following elements of negligence:
- Duty of care: Retail stores have an obligation to ensure their premises are safe for customers and others
- Breach of duty: The retailer acted negligently or failed to take necessary action like cleaning up a spill
- Causation: Proof that the retailer’s action or like of actions was the direct cause of your slip, trip, and fall and subsequent injuries
- Damages: Evidence that your accidental fall caused you to incur economic and non-economic damages
You can prove all of the legal elements of negligence with a strong collection of persuasive evidence. Gathering and organizing evidence is another important part of suing the dollar store.
File Your Lawsuit Within the Time Allowed by Florida’s Statute of Limitations
You have a limited time to file your lawsuit after a fall in a Florida dollar store. According to Florida Statutes § 95.11, you generally have two years to file your personal injury or wrongful death lawsuit.
Meeting the filing deadline in Florida can be challenging. If you miss it, the court could dismiss your lawsuit without hearing it. Additionally, the insurance company could refuse to negotiate with you.
Find a Personal Injury Lawyer, Near Me
(855) 529-0269Collect Evidence Starting Right at the Scene of Your Slip and Fall
A strong collection of evidence can create a clear picture of what happened. Unless your injuries prevent you from doing so, you can collect some evidence right at the scene. If you have a smartphone, take photos of whatever caused your fall and ask witnesses for their contact information.
Additional evidence can be collected later, including:
- Your medical records
- First responder reports
- Additional witness statements
- Photos and video footage
Keep a case file containing all the evidence you accumulate over time. It will substantiate your case and can be used as evidence to support your insurance claim or lawsuit.
Your Medical Records Are an Important Part of Your Evidence Collection
A fall can result in severe injuries. According to Centers for Disease Control and Prevention (CDC) statistics:
- Emergency departments see approximately three million fall-related older patients each year
- Hospitals admit approximately one million older patients each year
- Accidental falls are among the leading causes of traumatic brain injuries (TBIs)
Your medical records can greatly benefit your potential lawsuit. They will describe your injuries and their severity, cause, and treatment costs to date. They can also include your recovery plan and prognosis.
Average Settlements for Slip and Fall Victims in Florida Dollar Stores
The vast majority of slip and fall claims will be settled without going to court. Some examples of average settlement amounts include:
- $85,000 settlement for a slip and fall at Dollar Tree
- $135,500 settlement for a slip and fall at Dollar General
- $165,000 settlement for a trip and fall resulting in shoulder surgery
- $280,000 settlement for a slip and fall resulting in back surgery
- $400,000 settlement for a slip and fall resulting in a spine injury
Your personal injury claim will have its own unique value. Get, and keep getting, all the medical care you need. Collect your medical bills and all other proof of your post-accident expenses and losses to substantiate your compensation request.
Collect Bills and Receipts to Establish the Value of Your Recoverable Damages
Florida law allows you to seek compensation for economic damages and non-economic damages from the dollar store and their insurance company. While every case will have its own value, you can generally request compensation for:
- Medical bills until you recover
- Lost wages until you can return to work
- Loss of future earning ability
- Property repair or replacement
- Disfigurement or impairment
- Physical pain and suffering
- Mental anguish and emotional anxiety
- Wrongful death damages, if applicable
Collect bills and receipts to support the value of these damages. You should also look at each of these categories for hidden costs to avoid undervaluing your claim. For example, medical bills include medications and assistive devices.
Consider Hiring a Lawyer to Negotiate or Litigate on Your Behalf
The objective when you sue someone is to get fair compensation. While you can attempt to settle your case on your own, you do not have to. An accident attorney in your area can take on all the hard work and details of your case and sue the dollar store on your behalf.
Hiring a lawyer has another benefit—while they do all the legal work, you can focus your time, energy, and attention on getting better or on helping an injured loved one through their recovery.
Click to contact Chalik & Chalik's personal injury lawyers today
Get a Free Review of Your Slip and Fall Claim
If you or a loved one fell at a dollar store in Florida, we can help you get compensation for your medical bills, lost wages, and more. Our family is committed to working with your family to get you more money faster.
Our premises liability lawyer will clarify how to sue a dollar store for a slip and fall and how much your case could be worth. Find out now by contacting our consultation team at Chalik & Chalik Injury Lawyers today.
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(855) 529-0269
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