Protecting Your Legal Rights and Interests After a Holiday Shopping Accident
The holiday shopping season will soon be upon us. Historically, the holiday
shopping season was said to start on Black Friday, the day after Thanksgiving.
In recent years, people start shopping for the yearend holidays far sooner,
as early as the end of October or the beginning of November.
With the increase in the number of people flocking to brick and mortar
world stores during the holiday shopping season, there is a notable spike
in the number of people who end up injured in stores and other public
venues. Holiday shopping accidents are commonplace. If you, or a loved
one, ends up injured in a store, restaurant, theatre, or other public
location during the holiday season, there are some facts you need to bear
in mind to best protect your rights and interests.
What is Premises Liability?
Premises liability is the legal principle that places responsibility upon
the occupier of real estate for injuries sustained by a visitor to that
property. The key to premises liability is identifying who has control
over the property in question. Potential occupiers that can be held responsible
for the wellbeing of a person visiting the property can be the owner,
renter, or both, depending on the specific circumstances of a particular case.
What are Common Injuries in Stores and Other Public Places
The most common type of accident in a public place like a retail store
or restaurant is a slip and fall. Other types of accidents include burns,
animal bites, wounds caused by premise defects, and even assaults.
Documenting an Accident Scene Injuries
Documenting an accident scene, and the injuries you sustain at the time
of the accident, is crucial. Although there are instances in which this
might not be possible, you need to make every effort to thoroughly document
the accident scene and your injuries.
Of course, the first step that you need to take following an accident is
to make sure you obtain appropriate medical treatment. Therefore, depending
on the nature and extent of your circumstances, relying upon someone that
may be with you at the time of an accident to document the accident scene
and injuries can be the best course.
The best plan of action is to video the accident scene itself. Ideally,
you should video the accident scene from all angles possible.
In addition to filming the accident scene, you need to video any obvious
injuries. The videoing of injuries should include both close-ups as well
as shots from a bit of a distance to put the injuries into perspective.
While at the scene of the accident, every effort should be made to identify
witnesses. This includes colleting names and contact information. If at
all possible, a statement should be taken from witnesses. Statements can
also be videoed, if witnesses are willing to take that step.
Types of Compensation Available in a Personal Injury Case
Determining what compensation potentially can be awarded in a holiday shopping
accident depends on the specific facts and circumstances of a case. With
that said, there are some specific types of compensation for injuries
that are commonplace in premises liability cases, particularly holiday
shopping accident cases:
- medical bills and expenses
- pain and suffering
- emotional distress
- lost wages
- permanent injury
The reality is that injuries and losses arising from a holiday shopping
accident can persist into the future. For this reason, in resolving a
holiday shopping accident case, you need to make sure that appropriate
compensation is paid to cover future losses.
For example, you may face future medical treatments and therapy, you may
miss more work in the future, and you may endure pain and suffering for
an indefinite period of time. In settling a holiday shopping accident
case, you need to make sure that potential future losses are included
in any settlement of your case.
If a holiday shopping accident case proceeds to trial, you may also be
able to seek what are called punitive damages. Punitive damages represent
additional compensation in a personal injury case.
Punitive damages may be awarded if the conduct of the occupier of the premises
was particularly reckless. For example, if something spills on the floor
in a store, the owner or manager knows of it, and does nothing to clean
it up, and you fall, that scenario may be deemed particularly reckless.
A personal injury attorney from The Doan Law Firm, at 800-349-0000, can
provide additional information on compensation for personal injuries stemming
from an accident caused by someone else's negligence.
Hiring an Experienced Holiday Shopping Accident Lawyer
If you find yourself injured because of a holiday shopping accident, or
because of any other type of accident on another party's premises,
you need to be proactive in seeking legal representation from a personal
injury lawyer. The legal team at The Doan Law Firm has extensive experience
in representing clients in personal injury cases, including clients injured
in holiday shopping accidents.
The Doan Law Firm maintains a hotline answered around the clock through
which you can schedule an initial consultation with a holiday shopping
accident lawyer. The hotline number is 800-349-0000. You can call 24 hours
a day, seven days a week, 52 weeks a year.
A personal injury attorney from The Doan Law Firm will schedule an initial
consultation at a time convenient to you. The meeting can be held at the
offices of the law firm or at your own home, if that works better for
you. Indeed, if you find yourself hospitalized, an initial consultation
can occur at that location.
There is no charge for an initial consultation with a member of the legal
team at The Doan Law Firm. Finally, The Doan Law Firm uses a contingency
arrangement in regard to personal injury cases, including those associated
with a holiday shopping accident. The firm does not charge a fee unless
and until a favorable settlement or judgment is obtained on your behalf.