If you get injured while shopping, you might be able to sue the store for your injuries. Grocery stores, clothing stores, malls, and big-box stores all have some kind of duty to keep the premises safe for their customers, and when unsafe conditions, spills, and dangerous workers cause injuries to customers, the customer may be entitled to sue under Maryland law. Our Baltimore premises liability lawyers at Rice, Murtha & Psoras explain some of your rights as an injured customer and what you can do to sue the store for injuries.
Do I Sue or File an Insurance Claim for Injuries at a Store in Baltimore?
Most stores have liability insurance that covers them so that they can continue to operate and afford payments for injured staff and customers. For instance, after a grocery store slip and fall in Baltimore, the victim might want to sue the grocery store – and if the store faces too many of these slip and fall lawsuits, they might not be able to afford to continue operating. Because of this, nearly every national chain store and small local shop will have liability insurance.
Just because they have insurance doesn’t mean that you always need to file an injury claim through the insurance company. Insurance providers use insurance policies that function as an agreement between them and the store they represent. With that policy between them, it is up to them to figure out who is going to pay for damages, not you.
When you are injured in an accident at a store, such as a slip and fall in a supermarket, you can take the store to court in a lawsuit and let their insurance company represent them, or file a third-party insurance claim. Ultimately, it is up to you whether you will file an insurance claim or a lawsuit. There are many factors that go into which will cover your needs, and our Baltimore personal injury attorneys can help guide you through these kinds of decisions.
How to File a Lawsuit Against a Store in Baltimore, MD
The actual process of suing a store for injuries will begin with the drafting of a complaint, then you will file the complaint with the court and serve the defendant store with a copy of the complaint. Your Baltimore personal injury lawyer can help you with every step of this process.
The initial complaint will lay out the basic facts of what happened and how the store is responsible for your injuries. From there, the store will have their lawyers respond to deny fault or put up other defenses. From there, the court will move the case through various legal motions and stages in the case, but your case is already officially “filed” by this point.
Once your case has been filed, your Maryland personal injury lawyer can handle the in-court and out-of-court aspects of your case. There will be many additional tasks outside of court, such as depositions and interviews with the store’s lawyers. Your attorney will walk you through these processes and help fight to have your best interests taken care of.
Settlements vs. Awards at Trial for Lawsuits Against Stores and Shops in Baltimore
While your case progresses through the courts, your lawyer and the store’s lawyers will work to negotiate a settlement. If we can reach a reasonable settlement in your case that covers your medical bills, lost wages, and pain and suffering at a fair, respectable value, we will probably advise you to settle the case. However, if the store tries to shut down the case by offering low settlements or refusing to acknowledge their fault in causing your injuries, we will continue to progress the case through the court system.
In many cases, settlements are too low to cover your needs because the store or their insurance company is attempting to save money. However, especially when large corporations like Walmart or Target are involved, the case could potentially settle very high. In these cases, the stores’ insurance policies will usually cover the damages, and the store loses nothing but time and money taking the case to trial.
When your case goes before a judge and jury at trial, it is up to the jury to determine your payout. Your lawyer will present a calculated claim for all of the damages in your case, but it is up to the jury whether they will agree with that calculation or award you higher or lower damages at the end of the trial. In many cases, securing a victory at settlement comes with more certainty than fighting the case at trial.
Compensation for Injuries in a Maryland Store Injury Case
When you seek compensation for your injuries, you should claim damages for any injuries and harms you face. If your injuries are serious enough to warrant a lawsuit, you will usually have medical bills you need covered, and you might have damages because of missed work or reduced job performance caused by the injuries. In many cases, you also suffer direct harm from the injury in the form of physical pain and mental or emotional harm. In addition to these damages, you could also face damage to property, such as a cell phone smashed during a slip and fall or glasses broken during assault injuries caused by a store worker.
Call Our Lawyers for Injuries and Falls in Stores and Shops in Baltimore
If you or a loved one faced injuries in an accident in a store or shop in the Baltimore area, call our Maryland personal injury lawyers. We represent injury victims across the state and fight to get them compensation, even if that means taking a big company like a store to court to get you the damages you need. For a free legal consultation, contact us at Rice, Murtha & Psoras today at (410) 694-7291.