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Do I need a personal injury lawyer?

My 3yr old son slipped in Kohl's and busted his head open. He needed 3 staples, the corp. office contact called me and stated its a case by case liability issue and the store might not be liabale for his bills. Should I retain a lawyer? There were no caution cones, and we had just stepped off the carpet to their tile and he fell. Thank you, Tracy

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Attorney answers (5)

Reputation Level 7
Kohl's should have "medical payments" insurance in the amount of 5K-10K to cover his medical damages regardless of fault. It is unclear from your question if the tile was wet or not. If it was, you may have a liability claim against Kohl's (which they are more than likely going to try and deny and/or offer you a very low settlement). As par for the course, it looks like they are already misrepresenting their responsibility (i.e., med. pay) for his bills. You are probably well served to look into hiring an attorney.
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Reputation Level 6
I'm not an Illinois attorney, but, I would advise that you should contact one. Many commercial insurance policies have a coverage sometimes called "medpay"; which is typically $5,000. for medical bills and related expenses and is available regardless of fault and liability. Also, large department stores have video cameras that would have recorded the event and could be very useful in your claim if it is more serious than simply ER bills. Generally, "slip and fall" cases are treated as suspect by claims agents and juries. However, with a small child with a serious head injury like you describe, you should have better chances for recovery.

Reputation Level 13
Yes, please contact my office to discuss your case.

Reputation Level 14
You should definitely hire a Personal Injury Attorney.

Do not talk to any Kohl's representatives until you have.

Fell free to contact me.

Avvo Pro

Reputation Level 15
The specific facts of your case will go a long way toward determining liability.

Please contact me to discuss this matter.

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