Costco is one of America’s most popular membership-only stores, offering a vast array of products, including organic foods, fine wines, clothing, and electronics. Since Costco specializes in bulk items, the stores are set up like warehouses, with high shelves and exposed, concrete floors. Constant organizing and maintenance is needed to keep the premises safe for customers, but this is not always the case. Accidents at Costco can happen for a number of reasons, including wet surfaces, poor lighting, uneven surfaces, broken railings, and debris in the parking lot. Members can also be assaulted by a Costco employee, which the store may be responsible for under the laws of premise liability.
If you were hurt at a Costco store or lost a loved one due to an accident at Costco, you may be wondering about your rights as an injury victim. Perhaps you have an attorney but feel like things are moving too slow. As a general rule, injury lawsuit cases are not resolved quickly, and there will be times when it seems like nothing is happening. However, clients should be aware of the legal process involved and how much time may be needed to recover the compensation they deserve. That’s why we’ve provided the following information regarding the length of time it takes to settle an injury claim against Costco.
To learn more about your rights and legal options, contact the Costco injury attorneys of Normandie Law Firm.
Average Length of Time to Settle a Costco Injury Case
“How much time do I have to wait before I get paid?” is one of the most popular questions we get asked by our clients during the initial consultation. And we can’t blame them; they’re hurt and scared, and they deserve compensation from the responsible party. But answering this question is impossible unless we know the facts of your accident and the extent of your injuries. Frankly, there is no universal rule for settlement timelines. But cases with severe, life-long complications like paralysis and amputation require much more time, perhaps a year or two, before they are fully resolved. Compensation for minor injuries, on the other hand, may be received in as little as a few weeks.
However, there are certain factors that are beyond our control. Even when a case is straight forward, Costco may decide to fight tooth and nail before they compensate the victim. Or, they’re willing to make a payment, but nothing close to what the client is asking for. Additionally, you and your attorney have little control over how long it takes witnesses and other people to respond to your requests for information. Most of these requests, by the way, have to be done in writing and mailed back and forth. So that alone can take up considerable time. Still, your lawyer should be keeping tabs on these issues and doing everything they can to make progress in your case. If you feel that your lawyer is failing in these areas, you should obtain a second opinion from another attorney.
Our lawyers have the experience to evaluate your attorney’s work and see if they’re on the right track. Call us today and schedule a free second opinion with one of our lawyers.
Our Recent Verdicts and Settlements
$500,000
$599,000
$1.5 Million
$600,000
$525,000
$250,000
The Case Resolution Process
A claim for injury is generally referred to as a “lawsuit,” but technically, a lawsuit is not filed right away. In the beginning, your lawyer will attempt to settle your case by submitting proof of your injuries to Costco’s insurance company and asking for compensation. Many cases are settled in this manner, thereby eliminating the need for a lawsuit. This is known as the case resolution process, which normally takes place in three phases:
- The Medical Assessment
Before your lawyer can calculate a fair settlement amount, they need to know exactly how bad your injuries are and how they will affect your life in the long run. Even if you’ve been to see a doctor, your lawyer will arrange one or more exams for you so they can have a better understanding of your injuries. Depending on the severity of your injuries, you may need to be examined multiple times over a series of many months.
- The Investigation
Your lawyer also needs to understand the facts surrounding your accident, which will help to prove that Costco is liable for your injuries. The investigation process includes, but is not limited to:
- Taking photos at the scene of your accident.
- Interviewing witnesses.
- Obtaining police reports and other important documents.
- Reviewing CCTV footage.
A thorough investigation can up to several months, and much of that time is spent waiting for people to respond or send the requested documentation. Much of this has to be done through mail, so that further adds to the wait time.
- Negotiations
With the information from the investigation and medical assessment, your lawyer will draft a demand letter and mail it to Costco’s insurance company. The letter will include the details of your accident, the compensation needed to recover from your injuries, and a date by which you wish to receive payment.
The insurance company can choose to pay this amount, or send back a counter-offer for a lower amount. After discussing it with your attorney, you can choose to accept this amount or send back another offer. This back-and-forth negotiation process may take weeks or months, and there’s no time limit for how long it can go on.
Why Have They Not Offered Any Money on My Case?
So you’ve sent the demand letter, but weeks have gone by without a response. Or, Costco sent back an offer but it was far below what you need to recover from your accident. Your lawyer sent back a counter offer last month, but you have yet to hear back from the insurance company. At this point, you’re probably asking yourself, “Why isn’t Costco taking me seriously?”
Unfortunately, long wait times are common when you’re dealing with a major corporation. Keep in mind that thousands of customers sue Costco every year, so there are a lot of people in line ahead of you. It could be a few weeks before they get to your letter, and several more weeks before they draft a response. This is particularly true in the case of severe injuries, or wrongful death compensation claims for loved ones of accident victims. Such cases involve millions of dollars in compensation, which Costco is not eager to part with.
On the other hand, there is a point where you have to draw the line. The retail injury lawyers of Normandie have enough experience with Costco to know when they’re not taking a client seriously. They’re also aware that personal injury claims have a strict statute of limitations. In California, a Costco injury lawsuit must be filed within two years from the date of injury, or from the date of death in the case of wrongful death compensation. Our attorneys carefully consider these factors in order to decide when it’s time to move on to a lawsuit.
Filing a Lawsuit Against Costco
After months of unacceptable offers or no response at all, your lawyer will file a lawsuit against Costco and have it served to them within 30 to 60 days. In some cases, this is enough for Costco to take you seriously and work out an acceptable compensation amount. If not, they will file a response to your lawsuit and begin preparing for a trial. You’ll be doing the same with your attorney, but it’s unlikely that you will actually have to appear in court. In fact, around 95% of all lawsuits are settled out of court through mediation or alternative dispute resolution (ADR). But just in case, both sides have to prepare for the possibility of a trial. This process includes:
- Depositions: to question witnesses on your behalf, as well as witnesses that are being called on by the other side.
- Independent medical exams: Costco may require you to see a doctor of their choosing, who will evaluate your injuries and forward their findings to Costco.
- Expert witnesses: Both sides will look for expert witnesses who can testify as to the extent of your injuries and Costco’s role in your accident.
As we mentioned, the courts will most likely order both sides to participate in a settlement conference with a mediator or dispute resolution specialist. At this point, it may be a year or more since you’ve been communicating with Costco, and they’re probably just as eager as you are to settle the case. But if the mediation or ADR session doesn’t work, you’ll need to go to trial and make your case in front a jury. The trial may take anywhere from a few days to a few months depending on the complexity of your accident. Again, most injury claims don’t go to trial, but your lawyer should anticipate the possibility and have the experience to argue your case in court.
For more information on Costco injury lawsuits, please speak with the knowledgeable attorneys of Normandie Law Firm.
Why is My Lawyer Taking Such a Long Time?
We’ve talked about Costco not taking you seriously, but what about your attorney? If you’ve already hired a lawyer to handle your Costco accident case, you may be unsatisfied with the progress, or lack thereof. You may also be annoyed with the lack of communication whenever you have questions or concerns.
In all honesty, it’s possible that your attorney has taken on more than they can handle. Some firms see injury claims as a numbers game, instead of thinking about the victim and what they’ve lost. They pressure victims into settling for awards that are inadequate, just so they can move on to another case. You may also be getting hints regarding their lack of experience for your type of accident, which would be a serious problem if you end up in court.
However, it’s important to remember that Costco injury claims take a long time to resolve, especially for serious injuries with long-term consequences. There are lots of things to do even before you file a lawsuit, and your attorney may be working very hard in those areas. The key here is communication, and some lawyers are better than others at updating their clients. If you feel like you need more updates, make sure to speak up and let your attorney know how you feel. A knowledgeable, professional lawyer should be able to take valid criticism and make the needed changes to inspire confidence in their clients. If they don’t listen or continue to make you feel unappreciated, it may be time to look for another attorney.
Can I Switch My Lawyer in the Middle of a Case?
“What are my rights if I’m not happy with my attorney?” is another question we get frequently during consultations. In California, you can switch attorneys at any point during a persona injury case, but it’s not a decision you should make lightly. Before you do anything, make sure to review the terms of ending your client-attorney relationship, which should be outlined in your contract. You should have an attorney look over the contract as well to ensure that you don’t miss anything.
When a client switches over to us, we take care of all the necessary details, like notifying the court and making arrangements to end your current contract. This may include working out a contingency fee agreement to compensate your lawyer for the work they’ve done for on your behalf. Negotiating a fee agreement becomes more complicated the longer you’ve been with your former lawyer. Thus, it’s best to make the switch as early as possible in the claims process.
Free Second Opinions
No matter how upset you are with your attorney, it’s best to keep a cool head and talk to another lawyer who can give you an honest, unbiased opinion. That’s why we’re happy to provide free second opinions for Costco injury victims. With their many years of experience, our lawyers can tell if your attorney is doing their utmost on your behalf, or if they’re falling short of their duties. And if you decide to switch over to us, there is no upfront cost to you for any of our services, because “we don’t get paid unless you do.” So if we don’t win your case, you still pay us nothing and we eat the costs. In short, you have nothing to lose by coming in for a free second opinion with one of our Los Angeles attorneys. We look forward to hearing from you and helping you in your journey to recovery. Call Normandie Law Firm and schedule your free consultation today.
Other Pages on Our Website Related to This Topic
How Long Does it Take to Settle an Injury Case Against Home Depot?
How Long Does It Take to Settle an Injury Case Against Walmart?
