much thanksCan anyone advise me how to avoid a lawsuit and make settlement with store following my daughter's accident.
You can't avoid getting an attorney. If you want to get ANY money out of this one at all, you MUST get an attorney. Less than 95% of these actions ever go to court. They settle, and quickly. The department store won't want the media coverage. Just get an attorney who specializes in ';Personal Injury.'; That's the thing to look for in the phone book. If your case is any good, you won't have to pay anything more than the initial cost of filing the suit. The most I've ever seen that cost is $140.Can anyone advise me how to avoid a lawsuit and make settlement with store following my daughter's accident.
Well, assuming that the store was negligent, I also think you should get a lawyer. Your attorney can usually get more compensation. Plus, a minor's settlement must have court approval in most states. Also, if she has any scars, its really hard for a non-attorney to determine damages. The settlement is usually worth the attorney fee in the cases I have handled. If you can't settle the case with the insurance company, which is a possibility, then the store will have an attorney. You could end up spending a lot of time and get nothing.
However, if you are sure you can handle the claim, you need to start collecting the medical bills, take pictures of the injuries, get the medical records, and then get statements from others regarding how the injuries affected the family. A parent usually has a claim for loss of consortium (relationship strain, damage caused by the injury). Also, you will have to some evidence that the store was negligent. This may sound easy, but some states have case law or statutes pertaining to notice requirements, etc. Good Luck. Don't listen to those who said you are setting a bad example. The country is not sue happy, this is just uneducated none sense from those who have not been injured or suffered due to someones fault.
This happened to my mother-in-law. She tripped and fell over some Christmas trees an employee had left laying in front of the door. The store took her information and contacted her the same day. She sent them copies of all medical bills etc. They paid everything. They even had one of the district managers go to her house to make sure she was ok. Is the store aware of what happened? Write them a letter and specify what you are asking to be reimbursed for. A good store will pay you. It is not true that you MUST have an attorney to get relief.
It really depends on much you think your daughter is entitled to for her injury.
First, add up all of the medical bills due to your child's injury. Gather your proof of that. If any pictures have been taken of your child's injury, add those to your file.
Then, add in any lost wages if you needed to take time off to care for your daugher. If you daughter will need any future care, such as plastic surgery to repair facial scars, estimate that cost and include it as well.
When you have added everything up, you can write a letter to the store manager, asking for the name of the store's insurance company so that you can make a claim.
If your demand is reasonable and not blown out of proportion to the incident, and if it is clear that they were at fault, you should be able to reach a settlement without a lawyer.
But if they give you the run around, you may have to sue. If your damages are less than $5,000, you can probably sue in small claims.
If they are more, it will be time to see a lawyer.
I usually find Cyanne's answers to be good, but I'm sure that when she finishes law school she will find that it is hard to pay the rent charging only $140 for preparing a complaint. Involving a lawyer in any lawsuit is more likely to cost between $1,500 and $5,000 for even the smallest matter.
So if you can work this out with the insurance company, all the better.
Talk to ur lawyer about PLEA BARRING
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