My daughter fell at Kohls and hit her head on a clothing rack. It lacerated her forehead and she received around 10 stitches. We had to see a plastic surgeon due to the location of her laceration.
Kohls is now calling us and asking what we are seeking. We are not ones to sue people, but are not sure what route to take. We are not sure what all the medical bills will add up to or how her laceration will heal. Do we need to hire an attorney? Kohls is telling us to email all medical bills to them. Thanks.
If they are paying the medical bills let them do that. Many stores have insurance which pays out medical expenses (up to a limit) for injuries that occur on their premises even if they were not at fault. If your daughter's fall was due to their negligence and she ends up with a noticeable scar seek out local personal injury consultation.
Accept the money for medical bills. Do not sign anything waiving your right to file a lawsuit. You may be entitled to more compensation than just medical bills if the reason for her fall is because of something Kohls did like a wet floor or dangerous display. I represented a lady last year who fell over a dangerous display in a Kohls store.
I agree with Mr. O'Hara, but I'd advise you to talk with a personal injury lawyer in your area before you speak further with Kohl's and before you make the decision to accept their payments. If you have your own health insurance that is paying for the medical bills, they more than likely have a medical lien and will require you to repay them for what they have already paid. It can get complicated. I would change the category of your claim from medical malpractice. This isn't a medical malpractice case, it is what we call a "slip and fall" case, and they can be difficult in their own right to pursue. Talk to a lawyer in your area.
The claims handler for Kohl's likely knows they have some liability and they likely know how costly scar reparation surgery can be. Thus, they want to make you an offer based on current status of bills and on the cheap. You should seek a personal injury attorney and only settle your claim once you know the total medical bills for your daughter. If needed, a personal injury attorney can help you find the specialist your daughter needs now who will only get paid out of an eventual settlement.
Richard Kurt ArbucklePersonal Injury LawyerHouston, TX ·
Get a qualified personal injury attorney asap for two reasons. One is to make sure Kohls preserves evidence such as video and the second is to make sure the claim includes any scaring your daughter has. There may be medical expense to improve the scar and your daughter can recover for any disfigurement from the laceration.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Since there are so many variables you do not have answers to, the answer to your question is yes, you need an attorney to help you understand what the possible claim may be and the extent of possible damages. I suggest you have no further communications with Kohls until you have spoken with your attorney you have hired on behalf of your child.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on .
