Lawyer for a Slip and Fall at Macy’s
From housewares to home decor, cosmetics, gifts, and jewelry, to apparel, shoes, and activewear, Macy’s offers a little something for everyone. One thing that Macy’s shoppers are not counting on as part of their retail experience, however, is an injury incurred as the result of an unmitigated property hazard.
Premises liability refers to the legal responsibility that store employees have to protect customers from such hazards by performing regular inspections of the property and promptly remedying hazards they find. If they cannot promptly mitigate the hazards, the store’s workers must place prominent warning signs and other protections, such as barriers near the hazard, to warn guests of its presence.
Slip and fall accidents are the most common type of premises liability matter to result in a compensation claim. Those injured in slip and fall accidents at Macy’s can use the personal injury claims process to seek compensation. An experienced slip-and-fall lawyer from The Levin Firm can assist you with your claim. Our legal team has only one goal: to ensure you receive full compensation for the harm you have incurred due to negligence on the part of store employees.
Macy’s is a high-end retailer offering a wide range of merchandise, including apparel and accessories for women, men, and children, cosmetics, home furnishing, and other goods. The company began in 1858 as a dry goods store in New York City. The company currently has 725 stores, employing around 90,000 people, reporting an annual profit of around $616 million.
Hazards at Macy’s that Can Result in Slip and Fall Accidents
A slip and fall accident occurs when an individual slips or trips and falls over a property hazard, resulting in injury.
Many different areas in Macy’s can feature hazards that result in slip and fall accidents, including:
- Damaged pavement in the store’s entrance or exit.
- Potholes in the Macy’s parking lot.
- Water on the floor in store bathrooms.
- Worn or torn flooring material or loose carpets in dressing rooms.
- Displays and merchandise in walkways.
- Poor lighting in dressing rooms or other areas of the store, including areas where there are stairs.
The Type of Injuries that Occur in Slip and Falls
Slip and fall accidents combine two dangerous incidents—slips, which can result in soft tissue injuries due to a sudden shift in the body’s weight, and falls, which can result in bone fractures, spinal damage, and potentially catastrophic brain injuries.
As the Centers for Disease Control and Prevention (CDC) explains, falls are of particular concern to the elderly, who experience declines in vision and strength as they age. Those over 65 are at high risk of hip fractures in falls, which can lead to loss of independence or even death. Bone fractures also often appear in the wrists and arms after a slip and fall accident due to the body’s instinctive reaction of stretching out the arms to catch oneself.
What Is The Claims Process After a Macy’s Slip and Fall Accident Injury?
Slip and fall accidents are a premises liability matter. Premises liability refers to the responsibility that property owners and managers—including businesses like Macy’s—have to protect their guests from injuries due to property hazards.
Macy’s employees must regularly inspect the building in search of these hazards. The company must take reasonable actions to mitigate the risk of hazards found. Mitigation can involve replacing worn flooring materials, removing displays from walkways, cleaning up spills, or even larger projects, such as repairing parking lots and walkways. Hazards that can’t be immediately mitigated must be marked with barriers and signage to warn guests to stay away.
Those injured in a slip and fall accident at Macy’s resulting from the company’s failure to remove or repair hazardous features can seek compensation for their injury through the personal injury claims process. This process involves filing a claim with Macy’s property liability insurer.
When the insurance provider receives the claim, they will evaluate the situation that resulted in the accident, interview the claimant and employees working at the store at the time, and determine:
- Was Macy’s liable for the accident?
- How much compensation is owed to the claimant (if any)?
However, the insurance provider isn’t in business to pay out claims for accidents in their insured’s store. They’re in the business of collecting premiums. While you may expect the claims adjuster’s evaluation to be a fair look at the compensation the claimant needs for their injury, they are more concerned with saving the insurance provider money by reducing or eliminating the claim.
If the insurance provider fails to settle the claim fairly, your attorney can file a personal injury lawsuit in civil court requesting a judge or jury to hear the complaint and decide on liability and compensation for the slip and fall injury.
Why You Should Hire a Lawyer to Assist You With Your Claim
A personal injury lawyer with experience in premises liability claims can provide a familiarity with the claims process, an understanding of the law in your case, and legal services to assist you in seeking the maximum compensation available for your claim. You can be sure that Macy’s has legal counsel to assist them in responding to the claims process, as does their insurance company. Claimants who attempt to obtain compensation without legal assistance are at a distinct disadvantage.
Perhaps you’re thinking, “I can’t afford an attorney.” We understand that this is a common concern that prevents many slip and fall accident claimants from getting help. However, because personal injury lawyers offer free case evaluations and use a contingent billing method to receive payment for their services, anyone who needs assistance can access that help, regardless of their financial status.
The contingent fee works like this:
- When you attend a free case evaluation with an attorney and decide to hire that attorney to help you with your claim, you will sign a contingent fee agreement. This agreement explains the services that will be provided to the claimant and designates a percentage of the settlement or court award they receive as payment for the legal team.
- Because you’re not required to pay a retainer for the attorney’s services, work can begin immediately on the claim. Because you won’t be billed by the hour, the attorney’s team can keep working on your case without you being concerned about legal bills.
- After your Macy’s slip and fall claim, your attorney will receive the proceeds of your settlement or award on your behalf. They will place these funds in a trust. From that trust, they will settle any medical liens that your healthcare providers or health insurer have placed on the award. They will also withdraw the designated percentage for their payment. They will then provide you with an accounting of the funds and the services provided and release the remaining compensation to you.
The Types of Services an Attorney Provides
Many of the services an attorney can provide to assist you with a Macy’s slip and fall claim would be quite overwhelming if you attempted to do the work alone. These services include gathering medical and other documentation, gathering evidence and deposing witnesses, and much more. Here is a look at some of the services a Macy’s slip and fall lawyer can offer.
Valuing Your Claim
The compensation you can claim isn’t simply repayment for your medical expenses, though that is certainly part of it. The National Floor Safety Institute (NFSI) reports that nearly a quarter of slip and fall accidents result in at least 31 days of missed work, creating lost wages you can also claim. For those suffering catastrophic injuries resulting from the accident, such as a traumatic brain injury or a spinal cord injury that presents a high likelihood of permanent disabilities, your claim can also include loss of future earning capacity.
Macy’s slip and fall claimants can also seek compensation for the psychological impacts of the accident, such as physical pain and suffering, emotional distress, and loss of enjoyment of life. These impacts do not present with a bill, but your attorney can determine their value by considering several factors, including the severity of your injury, the frequency of medical appointments to treat the injury, and the presence of permanent injuries that impair your ability to earn an income.
Demanding That the Insurance Provider Pay for Your Injuries
Once your attorney has valued your claim, they will submit it as a demand to Macy’s insurance provider.
The provider will assign a claims adjuster to evaluate it, and that adjuster must respond by either:
- Accepting Macy’s liability and paying the claim as submitted.
- Denying the claim and providing you with a written explanation for the denial.
- Offering to settle the claim for less than its stated value.
Communicating With Macy’s Insurance Provider
Claims adjusters almost always look for ways to reduce the claim. If they can convince the claimant that the ridiculously low settlement offer is the only compensation available, and the claimant signs the agreement, they no longer have the right to seek further compensation if they realize the settlement was not enough. The claims adjuster may also try to get the claimant to admit they were wearing the wrong shoes or not paying attention to show that the claimant was at least partially responsible for causing their own injuries.
Because claims adjusters are known for these tactics, your attorney can protect your claim’s value and save you some frustration by communicating with the insurance provider on your behalf.
Negotiating a Settlement
Beyond protecting your claim from the insurance company’s tactics, your attorney will communicate with the insurance provider to negotiate a fair settlement for your losses. A settlement agreement can occur anytime, even after filing a lawsuit, as long as the court has not decided on your case.
Most personal injury claims are resolved through a settlement before the claim goes to trial.
Filing a Personal Injury Lawsuit
If the insurance provider fails to compensate the claim, it can be filed as a personal injury lawsuit. However, to have the right to use the court process when seeking compensation, your attorney must manage the timeline of your claim to ensure they file within the statute of limitations for personal injury claims in your state. While you can still settle your claim after filing a lawsuit, your attorney will be prepared to take the case to court.
Slip and Fall Accident at Macy’s? We Can Help
After in a slip and fall accident at Macy’s, we don’t need to tell you how painful or frustrating your injuries are. We can tell you there is a process for seeking compensation, and an attorney can play an important role in helping you succeed in that process.
Let an experienced Macy’s slip and fall lawyer from The Levin Firm evaluate your case for free by contacting us online or calling (215) 825-5183.