Shopping cart injuries can happen at any store that has a large amount of shopping carts and a large amount of customers. Many people may not be careful when in the store, and stores themselves may not have safety measures that mitigate the chances of injuries and accidents. Our firm has taken on numerous shopping cart accident claims over the years, and we know the best methods for success in such lawsuits. You can contact the Downtown LA Law Group today to learn more and to get started on your journey to compensation.
Common Locations for Shopping Cart Injuries
There are many places in which you can be hit by a shopping cart, whether inside the store or in the parking lot. The cart could have been pushed by someone and then left unattended while it was rolling. It could have been knocked over or pushed down stairs. It could have been in the middle of an aisle or off to the side so when you turned the corner you hit it without noticing it. Someone could have pushed the cart into you, or you could have been struck from behind by someone not paying attention while he was pushing the cart.
You could suffer various injuries in these situations, such as:
- Broken bones
- Ankle and knee injuries
- Herniated discs
- Traumatic brain injuries
Some of the stores that often have shopping cart accidents include:
- Trader Joes
- Whole Foods
- Smart and Final
- Nordstrom Rack
- Home Depot
- Big Lots
- Sam’s Club
- T.J. Maxx
Do I have a case if I was hit by a shopping cart?
You can potentially have a personal injury claim on your hands if you were hit by a shopping cart. Many clients often come to us and ask, “Can I sue if a shopping cart hit me?” The causes must be appropriately examined, however.
If you were in a store and someone battered into you with a shopping cart and caused injuries, you could potentially sue that individual for damages. The person may flee, though, which could leave you to sue the store. You can also sue the store if a shopping cart came loose, fell over in an aisle, broke while you were using it, or was moving in the parking lot and hit you while you were walking.
How can I sue for a shopping cart injury?
To sue a store for a shopping cart injury, you will need to prove that you were injured and that the store was negligent. Negligence in premises liability claims can be shown in one of three ways. They are as follows:
The property owner caused the hazard with the shopping cart
The property owner knew there was a problem involving shopping carts but did nothing to warn customers about the dangers or even tried to fix the issue
The property owner was unaware of any issues but reasonably should have been if he had been attentive and careful
Upon determining the cause of negligence, you can move forward and gather all of you evidence. The first step you should take involves going to the doctor for medical treatment. It is important that you do not wait too long to get help, as your injuries may worsen over time. The insurance agent will also doubt your claim if there a large gap. At the hospital, get copies of your medical records, test results, insurance billing papers, doctor’s statements, receipts, and more.
You should take pictures of the store and the scene of the accident to illustrate where you were hurt, and you should also take pictures of the injuries you suffered. Some individuals heal quickly and need to take photos to show the extent of the damages before it’s too late.
You may be able to get video evidence from the store, but it can be hard to do so. The store will not want to hand over security footage if it will potentially incriminate them.
If there were any eyewitnesses who saw the incident happen, you can ask them to provide their testimonies and statements for your claim.
You must file an incident report with the store and alert them to the incident, as well. You can take down the contact information of the manager and other important details.
Finally, it is in your best interest to hire an expert premises liability attorney who can take on your claim for you. You might have no legal experience, which can work against you. You won’t be skilled enough to negotiate a deal and you won’t know the ins and outs of the law. Our firm will work around the clock to win your case while you focus on healing from your injuries.
Compensation from a Shopping Cart Injury Lawsuit
The value of your shopping cart injury lawsuit is determined by the insurance agent handling your claim. He will look at the types of injuries you suffered, the level of impact they had on your life, the impact they had on your career performance and future job opportunities, how severe they were, and how negligent you were in the accident. If you were partially responsible in some way and caused injuries to yourself, the agent will not make as large of an offer. After he has examined all the details of the case, he will come up with a number that you can accept or reject. Most of the time, insurance agents make low offers in an attempt to just get victims to agree so they can move on and so that they do not have to spend an excessive amount of money out of their profits. Our law firm’s goal is to bring you maximum coverage for all of your losses.
We will strive to win you the following:
Medical bills for hospitalization, medication and prescription drugs, surgery, physical therapy sessions, future medical treatments, and more
Property damage if any of your personal items or belongings needed to be repaired or replaced after the incident
Lost income if you could not go to work for a period of time or if you were unable to return to work after treatment due to recovery time or additional necessary medical procedures; we can pursue lost commissions, tips, bonuses, benefits, and more
Pain and suffering for PTSD, anxiety, fear, psychological scarring, and other emotional suffering
If you wish to sue a store for a shopping cart accident, our attorneys can assist you. You should not be expected to cover these expenses and debts by yourself if you were the victim of an accident and the store was negligent in some way. We aim to win you every penny you deserve and we will not stop negotiating a worthwhile deal until we are satisfied with the results.
Statute of Limitations for Personal Injury Claims
In California, there is a statute of limitations of two years from the date of the injury to file a personal injury claim. You must take action within this time frame or you will be unable to collect any restitution whatsoever. The statute of limitations exists so that victims can sue within a reasonable amount of time without worrying about their evidence being lost or corrupted, and so that defendants are not expected to be accountable for an unreasonable amount of time after the incident. It is in your favor to take legal action speedily, as you want your bills paid off quickly.
There are some ways that the statute of limitations can be extended, however. If you were under the age of 18 years old at the time of the incident, you can wait until you turn legal age to file a claim. Your parents or guardian can still sue on your behalf until then, though. You may also have been left mentally unfit to sue or physically incapacitated and unable to sue, which can allow you to wait until you return to health and awareness of mind before you take action. Additionally, the defendant may not be present in California, which would delay the statute from counting down until he returns to the state.
Often, many victims simply fail to acknowledge the time limit on their lawsuits. They may not know when the claim expires and they generally wait too long before they take legal action. It is important that you speak with a skilled personal injury attorney to determine how much time remains on the statute of limitations for your claim. We will gladly represent you, gather your proof, write your demand letter for compensation, and file your lawsuit for you well within the deadline.
How We Help
The Downtown LA Law Group is one of the most highly rated law firms in Los Angeles, and we have a team of expert attorneys who can help you win the compensation you deserve. We will not stop pursuing the damages you need, and we will go to court if we have to. Our aggressive attorneys are dedicated to all clients who come through our doors.
For a free legal consultation, call our law offices today. We’ll help you understand the legal process, tell you what we think your claim is worth, and more. We’ll also give you our zero fee guarantee if you hire us .This means that you won’t have to pay a single dime out of pocket for our services. We will only get paid if we win, and if we lose, we take nothing whatsoever.
To file a shopping cart accident lawsuit against a store, contact the Downtown LA Law Group today.