If you’re like the rest of us, you leave a lot of your holiday shopping to the last minute. You end up rushing around from store to store in the weeks leading up to the holidays. The problem is, you’re only one of thousands who are doing the same thing. With so many people shopping this time of year, there’s a much greater chance of getting injured in a mall. You could slip and fall on a spilled soda or cleaning product. Or, if the weather is not so great, the parking lots could be very dangerous. This means you could fall and get seriously injured.
If this happens, it will do more than ruin your holiday. It will put a huge damper on your life. You may not be able to work. You may end up in the hospital for weeks or even months. You may need surgery and long-term physical therapy. These things can get very expensive. The person who caused your injuries need to be held responsible. This is where your Las Vegas, NV injury lawyer enters the picture.
Your attorney is going to work hard to negotiate payment of your insurance claim. If that doesn’t work, they’ll have no choice but to file suit against the store owner. You may even have to pursue the owner or management company of the mall. It really depends on where your accident takes place.
Your Nevada Personal Injury Lawyer Has to Prove Negligence if You Get Hurt in a Store This Holiday Season
In order to recover damages against the store owner, your Las Vegas personal injury attorney will have to prove negligence. In other words, you have to prove that management didn’t do what they should have done to ensure their customers and guests were safe.
In order to prove negligence, your Las Vegas personal injury attorney needs to show the following four (4) things:
- The defendant owed you a duty of care – As long as you can show that you were in the mall at the time of your fall, you should be fine. Mall owners and managers are required to maintain safe premises for their shoppers.
- They breached this duty – In order to show breach, your lawyer needs to prove that the mall owner should’ve fixed the unsafe condition. Or, they can show that they knew about or should’ve known about it.
- You were injured – it’s not enough to fall. You actually need to be injured in order to file suit for slip and fall.
- The breach caused your injuries – If you have some pre-existing condition, the defendant may say that your injuries weren’t caused by their breach. Let your lawyer know ahead of time if there’s anything in your past that could jeopardize your claim.
What Kind of Damages Will Your Nevada Injury Lawyer Demand?
The point of filing suit is to get damages. You want the defendant to pay any out of pocket expenses you’ve suffered. They’re also required to pay back your primary health provider if they handled any of your medical coverage. Some of the types of damages you can demand include:
- Medical Bills
- Lost Wages
- Property Damage
- Pain and Suffering
As far as pain and suffering is concerned, you can use the rule of thumb. They are worth about three times your total medical bills. Of course, your attorney is going to try to get you as much as possible. They’ll submit whatever evidence is available to prove your claim.
Contact an Experienced Personal injury Lawyer if You Get Injured in a Mall
Getting injured in a mall or department store can be embarrassing. In fact, a lot of people don’t even report the fall because they feel silly. Don’t make this mistake. It’s important that you protect your legal rights. This is why you need to report your accident right away. Don’t get up and try to find a manager. Have someone go get one for you. If you try to walk around, you may end up injuring yourself even worse.
Our office has handled a lot of slip and fall claims. Call and talk to our team. They have the expertise and knowledge to go up against even the largest insurance companies. And since it’s usually the larger companies that own and operate malls, you can rest assured we’ll have your back.