Marshalls is one of America’s most popular chains of discount department stores, with over 1,000 locations throughout the country. The brand includes Marshalls Mega Stores, which are bigger versions of their traditional stores with a larger array of merchandise. Marshalls offers an impressive range of products, including clothes, shoes, skincare, and home goods for less than the full retail price, which is attractive to shoppers from all walks of life. These stores are packed with customers, as well as merchandise, from morning to night, which increases the likelihood of an accident.
Thankfully, most of these accidents are preventable through reasonable measures, like regular cleaning and monitoring of the premises. That way, dangerous conditions can be removed or repaired before they can cause someone to be injured. Unfortunately, discount retailers like Marshalls are notorious for acts of negligence and misconduct. If you have been harmed at a Marshalls store due to the company’s failure to exercise reasonable care, you may be entitled to compensation for your harm and suffering. To learn about your legal options as a Marshalls accident injury victim, contact us today for a free case review.
Potential Accidents at a Marshalls Store
Marshalls is one of several discount chains owned by TJX Companies, and there is no shortage of bargain hunters that frequent these stores on a daily basis. TJX has a duty of care to ensure the safety of their premises, which include indoor and outdoor areas of a store. When store management and employees are lax in their duty of care, innocent victims may suffer from one of the following accidents:
- Slip and fall
Slip and falls are the leading cause of injury to customers and workers. These accidents occur inside and outside the store, as there are so many things that can cause people to slip. Store employees must be on the lookout for liquid spills, clothes and other items dropped on the floor, worn carpeting, icy walkways, and many other conditions that can lead to a slip and fall.
- Trip and fall
Products falling off the shelves, loose wires, missing tiles, and protruding displays are just some of the hazards that can result in a trip and fall accident. Tripping over something may seem like a minor event, but the impact to your knees, ankles, hands, and other parts of your body can cause serious, long-term damage.
- Elevator / Escalator accident
Some Marshalls locations, especially the Marshalls Mega Stores, have multiple floors that are accessed by elevators and escalators. Mechanical issues, design flaws, and defective parts can all contribute to an escalator / elevator accident. Common injuries from these accidents include broken bones, whiplash, and blunt force trauma to the head.
- Falling objects
A lot of these accidents involve store displays or items falling off from over-packed shelves. But objects like flat-screen monitors, light fixtures, and picture frames can also fall off of walls and ceilings. Being hit with these objects can cause serious harm, even when they fall from relatively low heights.
- Assault and battery by security guard
We’ve all seen news stories or social media footage of security guards using excessive force on an innocent victim. Sadly, many of these people were wrongfully accused of theft and placed under false arrest. Victims may have the right to Marshalls and/or the security company for false imprisonment. In the most tragic cases, the victim may die from a chokehold or another form of excessive violence, which could be grounds for a wrongful death claim by the decedent’s loved ones.
- Sexual assault
Customers can be sexually assaulted from insufficient security measures, like lack of surveillance cameras, poor lighting, and broken locks on fitting room stalls. Aside from the physical injuries, a victim of sexual assault can end up with lifelong trauma and struggle with mental health issues, like PTSD.
- Parking lot accident
Accidents can happen outside the store, especially in parking lots that are not inspected and maintained on a regular basis. Slip and falls, car collisions, and being hit by shopping carts are a few examples of parking lot accidents that can be attributed to the store’s negligence.
Our Recent Verdicts and Settlements
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Injuries from an Accident at Marshalls
Bodily harm is the last thing most people expect when they walk into a Marshalls. In reality, retail store accidents produce some of the worst injuries we see at our practice, including:
- Deep lacerations
- Broken bones
- Traumatic brain injury
- Hip fracture
- Permanent scarring
- Chipped / missing teeth
- Dislocated / fractured kneecap
- Torn ACL/ MCL
- Neck injury
- Spinal cord damage
- Nerve damage
- Internal bleeding
- Damage to the internal organs
- Chronic pain (CRPS)
- Coma
- Death
The embarrassment or trauma from an accident can be difficult to deal with, and most people just want to get home and forget about the whole incident. However, it’s crucial to get treated for your injuries and establish a record of the harm you’ve suffered. Once you’ve seen a doctor, please take a moment to learn about your legal rights from one of our attorneys.
Can I Sue Marshalls for my Injuries?
You may have grounds to sue Marshalls for your injuries if you can show a direct link between your accident and an act of negligence by the store. Doing so is a complicated process, but a good place to start is by asking yourself the following questions:
- Was there a hazardous condition on the premises?
- Was your accident caused by the hazardous condition?
- Did the store owner, management, or staff know about the hazard, or should they have known about it?
- Were there reasonable actions that the store could have taken to prevent your accident, i.e., repair or remove the hazard?
If you can answer “yes” to all these questions, you have a good foundation for a lawsuit against the store. However, there are many other issues you will need to consider in order to determine the store’s liability for your injuries. This is where we can be of help, with our many years of experience in retail accident claims. Our lawyers are here for you 24/7, so please give us a call at your earliest convenience.
What can I Recover from an Accident Lawsuit against Marshalls?
A settlement award includes a variety of damages that are meant to compensate you for the losses you’ve incurred as a result of your accident. Some of these damages cover financial losses, while others have to do with the emotional impact of an accident. If you are the party that has been injured, you can seek the following damages through a personal injury claim:
- Cost of medical services, like surgery, physical therapy, and medications
- Pain and suffering
- Lost wages and/or loss of earning potential
- Emotional distress
- Property damage
- Cost of legal representation
If you are a surviving spouse or family member of someone who died from a Marshalls store accident, you may be entitled to wrongful death benefits, which include:
- Funeral / burial costs
- Medical expenses
- Loss of consortium
- Pain and suffering
- Loss of expected income
- Legal fees
You can count on us to go after TJX Companies and fight for every penny of the settlement you deserve. Contact us for a detailed explanation of your legal rights and the steps we will take to bring you justice.
How long do I have to File a Lawsuit?
All lawsuits in California have to be filed within a certain amount of time, which is known as statute of limitations. For most cases of personal injury, you have two years to file a lawsuit against Marshalls, starting from the date of your accident or the date you discover an injury from the accident. For wrongful death claimants, you have two years to sue the company from the date of your loved one’s death. Please don’t wait to initiate a compensation claim with help from one of our attorneys. If you don’t take legal action within the 2-year window, you may lose the right to sue entirely as the courts are very strict when it comes to filing deadlines.
Average Case Value of a Marshalls Store Injury Claim
No two injury claims are alike, as there are many details that are unique to that particular accident, as well as the victim’s personal circumstances. That’s why there’s no such thing as an “average” case value for a Marshalls store accident claim. Of course, the type of injuries you’ve sustained and how they affect your life is a major factor. Slip and fall accidents, for example, often result in broken bones, hip fracture, traumatic brain damage, and other serious injuries. Based on our experience, slip and fall cases against commercial properties are worth around $150,000 to over $350,000 on average.
Higher values can be expected in cases with permanent injuries or those involving wrongful death. These cases often involve assault and battery by security guards during false arrest incidents. Based on the severity of the victim’s injuries or the losses that are left behind by the decedent, awards of one to several million dollars are not uncommon with these lawsuits.
As you can see, figuring out what your case is worth is a complicated process. Taking some time to speak with one of our attorneys is the best way to proceed on this issue.
How long will it take to Settle my Case?
There is no universal answer that we can give when it comes to how long these cases take to settle. We aim to resolve all Marshalls injury claims within 6 to 8 months, meaning we are able to negotiate a fair amount of compensation with the store’s insurance company. But the process of recovering your payment can take longer due to a number of complications that we can’t predict ahead of time. These issues can add anywhere from a few weeks to a few months to the case resolution process. Thus, we always remind our clients that it may take 12 to 18 months before a fair settlement offer is achieved. If negotiating with the insurance company doesn’t get the results we want, a lawsuit may be the best option. Once a lawsuit is filed, the settlement process can take up to several years.
Help – I need a Second Opinion!
If you’ve already filed an injury claim or lawsuit against Marshalls, our lawyers are happy to assist you with a free second opinion. It’s your legal right to speak with another lawyer, just like you would see another doctor if you’re unsure about a diagnosis or medical treatment. Alternatively, you may be unhappy with your current attorney and wish to talk to us about the pros and cons of switching your lawyer. We’re happy to help with all your questions and concerns, so don’t hesitate to contact us for a second opinion consultation.
The Personal Injury Lawyers of Normandie
Normandie Law Firm has been representing injury victims for several decades, and we know what it takes to go up against a major retailer like Marshalls. Even if you have clear evidence of their negligence, these stores will go to great lengths to deny liability for an accident on their property. But victory in the form of a just compensation award is possible with one of our experienced lawyers by your side.
During this time, finances are a pressing issue for most accident victims, which is why we offer a Zero fee guarantee. With this policy, you pay absolutely nothing to retain one of our attorneys. The only way we get paid is by winning your case, and if we don’t win, you walk away with no responsibility for our expenses.
To speak with a lawyer experienced in store accident injury cases, call us to schedule a free case evaluation.
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