Ceramic bust falls off shelf causing head injury...

by Anthony
(San Jose, CA)

A loved one was injured from getting hit in the head by a 20+ pound ceramic bust falling off a display unit from approx. 8 feet high at a clothing store in Oakridge. She received a head contusion, lacerations, sutures, a concussion, and whiplash. It impacted her on the forehead and caused her to pass out.

She needed stitches and is still having problems. We returned to urgent care today and they gave her a hard neck brace and more meds for pain and vertigo. Doc says it may take a year or more to recover. What can we do about this? Do we sue the store? How much can we get for this? Thank you for any information you can give.

Visitor Question:
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ANSWER for "Ceramic bust falls off shelf causing head injury...":

Anthony (San Jose, CA):

Your loved one may not have to sue the clothing store. Instead, your loved one may contact the clothing store’s management and ask for their insurance company to contact you. Hopefully, at the time of your loved one’s injury the clothing store created an “Incident Report.” Doing so is strong evidence against them.

The insurance company will likely want to settle the claim. From the facts you present, the evidence against the clothing store is powerful. In the alternative your loved one can retain a personal injury attorney. An attorney will not charge any legal fees until and unless they settle or win your case at trial. Additionally, most injury attorneys do not charge for initial office consultations.

Your loved one’s case seems to be substantial enough to require the assistance of an experienced attorney. If your loved one attempts to handle the claim on their own, he or she will never know if the settlement amount is fair. Insurance company claims adjusters are expert at making victims feel they are getting a great deal. In most cases, that’s not true.

Your loved one should gather copies of her medical bills, receipts for out of pocket expenses such as medications, bandages, etc., and written verification of her lost wages (if any). Let the attorneys review the evidence. They will give you a fair assessment of your loved one’s chances of success, and an approximate amount of the settlement she might hope to receive.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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