Legal Question in Personal Injury in Texas

injured at local store

My 24 yr old daughter was recently shopping at a large retail outlet. The 24 hr store was restocking when a very large, heavy box slid off two baskets it was sitting on in the aisle, and the corner of the box hit the inside of her arm near her wrist. This was 3-4 am and she was tired so she thought she might be ok and went home. It's been 3 weeks and her entire arm is swollen. It's causing her great pain and she can't use her right arm (she's right handed). Also, she is disabled - but she was shopping with a basket as everyone does - she just moves more carefully and goes when there are very few people. This has caused her a lot of problems. She's unable to do the simple things without great pain - even driving (which she really can't do at all now). She's been told if she goes by herself, fills out a report, and sits down with the mgr. to look at the video from the store, then they will have the upper hand and might not do anything at all. Right now she can't even drive herself there - and they will not go pick her up or help her get there (she did speak to a mgr). Should she seek legal help? Her arm is painful and still swollen -she just doesn't want to make a mistake. Any advice please!!


Asked on 9/04/06, 4:23 pm

2 Answers from Attorneys

Re: injured at local store

Sounds like she should speak with an attorney. What store did it happen in? Did they do an incident report? What county was it in?

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Answered on 9/04/06, 5:12 pm
Dan Street Street Law Firm

Re: injured at local store

It is almost always a mistake for an individual to attempt to negotiate a settlement in a personal injury claim by themselves and without an attorney. This includes speaking with store employees, giving a statement, etc. The store is sizing up her chances of winning from the very beginning. If they think they can take advantage of her and get out of paying anything, you can bet that's what they will do. My best advice is for her to hire an experienced personal injury lawyer. Our firm handles only injury and death cases and has been doing so since 1982. Please give us a call for a free consultation.

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Answered on 9/04/06, 5:24 pm


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