Marshalls is a popular retailer of clothes, shoes, and fashion accessories at discount prices. Currently there are over 1,000 Marshalls and Marshalls Mega Store locations throughout the U.S. These stores are a haven for fashionistas and bargain-hunters as they offer lower prices than traditional department stores like Macy’s and Bloomingdale’s. Obviously, these stores can get very crowded, and there are many precautions that employees have to take in order to people from being injured. Unfortunately, poor cleaning standards, lax inspection schedules, failure to maintain the property and other acts of negligence can lead to one of the following incidents:
- Slip and fall
- Injured by falling objects
- Assault and battery
- Sexual assault in store (in dressing rooms, bathrooms, etc.)
- Shopping cart injuries
- Accident in parking lot
If a dangerous condition or misconduct by an employee caused you to be injured at Marshalls, you may have the right to receive monetary compensation from the store. If you’ve filed an accident claim, either on your own or with representation from an attorney, you may be wondering how long these cases take to settle.
Achieving a successful resolution in a store injury lawsuit can take just a few months in some cases. On the other hand, there are accident claims that take several years to settle. Though we can’t predict the exact amount of time to recover your payment, we can educate you on the factors that play a role in the settlement process. If you have questions about your case or any of the information we discuss in this article, please speak with a Marshalls store accident injury lawyer at our office.
Our Recent Verdicts and Settlements
$2.5 Million
$1.1 Million
$1.5 Million
$600,000
$525,000
$734,851
How Long Does it Take to Settle a Case against Marshalls?
There are many factors that will affect the length of time to reach a settlement with Marshalls for an accident in one of their stores. These include, but are not limited to:
- How long it takes to recover from your injuries – this time period can take anywhere from a few weeks to one or more years, depending on the severity of your injuries. Until you’ve achieved maximum medical improvement, it’s impossible to get an accurate sense of how much you are entitled to from a Marshalls store accident case.
- Whether you can negotiate a settlement with the insurance company – Upon being injured at a Marshalls location, alert the staff immediately so that they can file an incident report, which will be sent to the store’s insurance company. If at all possible, we aim to settle all compensation claims directly with the insurer, as this is the quickest way to recover payment from an injury case.
- Negligence by the defendant – the level of negligence by a property owner can have a big impact on how long it will take to get paid on your case. In cases of exceptionally negligent behavior by store owners and employees, you may be entitled to additional payment, which will significantly increase your case value. This, in turn, can increase the amount of time it takes to negotiate a favorable settlement award.
- Whether you take your case to trial – over 90% of premises liability cases are settled out of court, so a trial is unlikely. However, we’ve had our share cases that have gone down this route, and there’s no denying that the trial process can take many months to resolve. Depending on the complexities in your accident and the court’s schedule, it can take 2 or more years to get through the trial process.
Compensation from a Marshalls Store Injury Claim
Your compensation award from an injury claim against Marshalls will include different types of payments, which are known as economic and non-economic damages. These damages are meant to cover the losses you’ve sustained as a direct result of the store’s negligence. Below is a list of the possible payments that may be available to you:
- Medical expenses
- Lost wages and work benefits
- Property damage
- Pain and suffering
- Emotional distress / mental anguish
- Attorney’s fees
- Punitive damages
How Long Does it Take to Settle a Workplace Injury Claim?
If you are a Marshalls employee that was injured from a workplace accident, you are eligible for workers’ compensation, which will cover your medical costs and lost wages while you’re out of work. This is a benefit that’s guaranteed by the state, so you won’t have to sue your employer to obtain these payments. In fact, lawsuits against your employer for a workplace injury are generally prohibited by law.
The majority of Marshalls worker’s compensation cases are settled within 30 days, as long as you notify your employer right away that you’ve been injured and submit your claim forms in a timely manner. However, some workers face resistance from the insurance company when it comes to paying out the full range of benefits they are entitled to. They may even try to find reasons to blame you for the accident, like accusing you of being under the influence, or that you caused the incident on purpose.
A knowledgeable California workplace injury lawyer will ensure that you are not taken advantage of by the insurance company. We know what it takes to negotiate a fair settlement in these cases, though how long it will take to get there depends on the necessary legal actions. If, for example, your worker’s compensation case goes to trial, one or more years may be needed to settle your claim.
Value of an Average In Store Accident Case against Marshalls
We know important it is to have a sense of possible case values when you are due for payment from a Marshalls store accident claim. However, it’s important to remember that your case value is specific to the injuries you’ve suffered and the effect they’ve had on your life. That’s why there is no such thing as an average value when it comes to lawsuits against major retailers.
If we were to go by past settlements and verdicts, a department store injury case may be worth around $250,000 to $2.5 million and above if the victim has moderate to severe injuries. In some cases, the injuries can have lifelong complications that impair the claimant’s ability to perform basis tasks or continue their job. These lawsuits may be worth $5 million or more, as they include projected costs, like future medical expenses and lost earning potential.
These are just some of the factors that may be involved in coming up with an approximate case value. If you’d like to learn what you can potentially receive from a lawsuit against Marshall’s, please schedule a free case review with one of our attorneys.
What is the Statute of Limitations to Sue Marshall’s for Monetary Compensation?
In most cases, the deadline to file a personal injury lawsuit in California is two years from the date of the accident. A few exceptions exist, which can provide you with additional time, but the safest course of action is to file your lawsuit within the two-year window. If you miss the two-year deadline, the courts will most likely ban you from suing the business for an accident on their property. That means you will permanently lose the right to monetary damages, even if you have solid evidence to show that Marshalls is responsible for your injuries. Our lawyers are ready to take immediate action on your case, so reach out to us immediately if you need to file an injury claim for an accident at Marshalls.
Why is my Marshall’s Slip and Fall Lawsuit Case Taking So Long to Settle?
We mentioned slip and falls because they’re the most common source of injury at department stores, followed by trip and fall accidents. But anxiety over how long it’s taking to reach a settlement is a problem for many clients, regardless of the accident they’ve suffered. As for the lack of progress in your case, it may be due to various reasons that have to do with the legal process. Frankly, some of these steps take weeks or months to resolve, especially once you’re at the lawsuit stage. Another possibility is that your lawyer lacks the experience, time, and dedication to settle your case in a timely manner.
The important thing is to figure out what’s going on in your case and decide on the best course of action with help from an experienced legal expert. That’s precisely what we can offer you during a free second opinion consultation. A lawyer with experience in store injury accident cases is available to answer your questions and offer solutions on how to get your claim back on the right track. If you’re interested in scheduling a free second opinion, please take a moment to contact our office.
Hire Us for Free with the Zero Fee Guarantee
If a business owner’s failure in their duty of care led you to have an accident on their property, legal remedies are available to you under the state’s premises liability laws. However, it can be difficult for the average injury victim to obtain compensation when they’re going up against a major retailer like Marshalls. Our lawyers have the necessary skills and experience to bring you the highest possible settlement from a personal injury lawsuit against Marshalls.
If you’re worried about how much it will cost to hire us, there’s no need to stress under the Zero Fee Guarantee. You pay $0 for us to represent you, since our expenses are paid by the defendant at the end of your case. We only get paid by recovering your settlement award, so you won’t be responsible for any legal fees if we don’t win your case.
For a free case evaluation with an experienced store accident injury lawyer, contact our law firm today.
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