If I was injured by a Walgreen's employee, what are the next steps I should take?

Asked 12 months ago - Daly City, CA

I was walking past a Walgreen's location, when a Walgreen's employee comes dashing out one of their side doors pushing a giant cart and knocked me into the street. The police came the store manager filled out a incident report, and I had to go to the hospital. What steps should I take and do I need an attorney? Walgreen's claim's Department has already contacted me.

Attorney answers (12)

  1. Collin J. Earl

    Pro

    Contributor Level 12

    22

    Lawyers agree

    Answered . You absolutely need an attorney. Don't hesitate to find one. Also make sure you follow up with a medical provider so you can understand the full extent of your injuries.

  2. Michael Shemtoub

    Contributor Level 17

    18

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. The answer to your question is your gut instinct is right in that you are not certain about your rights. First step to take is not to talk to the Walgreen's claim department because they will try to pin down your statement of what happened and where you are injured. There goal is usually to hurt your case, not help it. You're going to need to hire a lawyer in order to get results. You are entitled to have your property damage, medical bills and future medical expenses PAID FOR BY THE OTHER PARTY'S INSURANCE. The attorney you hire will handle the claims process from start to finish.

    But you are going to need to see a specliast to even get a shot at getting future medical treatment from the Defenedant. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.

    Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.

    With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the Daily City, CA area.

    Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Christopher John Gansen

    Pro

    Contributor Level 18

    18

    Lawyers agree

    Answered . Don't talk to Walgreen's. Get a PI lawyer in your area.

  4. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    19

    Lawyers agree

    Answered . Call a local attorney and schedule a consultation immediately. Take care of your medical issues too. Goos luck with it.

    The information provided herein is for informational purposes and should not be construed to establish an attorney... more
  5. Pardis Patrick Ashouri

    Contributor Level 17

    17

    Lawyers agree

    Answered . Consult with a personal injury attorney. You an use the find a lawyer feature on avvo or your local county bar association. And as mentioned above do not contact their representative and let your attorney handle that.

    No attorney without complete review of your facts and injuries possibly make a recommendation.

    This forum and the rules of professional conduct prevents solicitation. Good luck.

    In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor... more
  6. John L. Schroeder

    Contributor Level 18

    18

    Lawyers agree

    Answered . I agree with my colleagues you should contact a lawyer. Walgreens will want to take a statement and you could say something that hurts your claim

  7. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    18

    Lawyers agree

    Answered . First, do not talk to anyone from or representing Walgreen's. If you are seriously injured, retain a lawyer. Your lawyer will talk to them. I have some questions, though, but don't feel compelled to answer them here. This is a public forum and anybody can read your answers. Only discuss these things with your attorney. I am wondering how the employee and the cart came dashing out the side door? Did the employee push the door open with the cart? What kind of door was it? Was it a solid metal or wooden door? Was the door glass/plexiglass or some other transparent material? Or was there a window in the door through which one might see at least something outside? Was there a sidewalk? Were you on the sidewalk or, perhaps in the street? (I know you say it knocked you into the street.) What part of the cart struck which part of your body? How did you identify the person as a Walgreen's employee? Was s/he wearing a uniform? Contact a lawyer. Almost all, if not every personal injury lawyer will take the case on a contingent basis. That means your lawyer will get paid at the end of the case from the total award. If there is no recovery there is no fee. Good luck to you and feel better.

    We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . Retain a personal injury lawyer, and don't speak with claims

  9. Philip Anthony Fabiano

    Contributor Level 20

    16

    Lawyers agree

    Answered . The answer really depends on how hurt you are and whether that injury you feel is significant enough to make a claim. You do not describe the nature and extent of your injury. Maybe it is not serious but it may also be too early to tell. Whether it is serious at this point or not, my first suggestion is not to talk to the claims department. If you were just giving your name and address that might be fine, but it won't end there and you will end up giving a recorded statement that will hurt any potential claim. I am sure you feel you have nothing to hide--you didn't do anything wrong--and all you will do is explain what happened. Trust me nothing good will come of such a statement. By the time you are done you will likely admit to shooting Kennedy. These people are trained at taking these statements. Next, contact a lawyer. Based on the nature and extent of your injury a lawyer will handle the claim for you and protect your interests better than you can on your own.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  10. John N. Demas

    Pro

    Contributor Level 9

    14

    Lawyers agree

    Answered . I am sorry to hear about the incident and I hope that you are able to recover from your injuries quickly. Based on the facts that you provided, you should meet with a personal injury attorney as soon as possible.
    You may have a claim for negligence against the Walgreen’s for the injuries caused by their employee while he or she was working. To show that the employee was negligent, it only requires that you demonstrate that the employee failed to act with the level of care that a prudent employee would have exercised in the same situation. In other words, if an ordinary, prudent employee would have pushed the giant cart more slowly or would have opened the door first to make sure no one was on the other side, then the employee in this case acted negligently. This is just an example, and closer review of the incident report and/or police report would provide further information. This is exactly why hiring an attorney is so vital. An attorney can conduct an investigation into the store and its policies to determine whether the employee acted negligently.
    Also, if it was apparent that the employee was negligent, the store may accept liability and the only argument left is over damages. Damages are the monetary and nonmonetary injuries you suffer as a result of the incident. There are two types of damages: (1) special damages and (2) general damages. Special damages are any damages that you can put a dollar sign on, like medical bills, loss of wages, and loss of property. Your hospital bills, doctor bills, further treatment with medical providers, and wage loss for missing work, are all examples of special damages and the responsible party must pay for them. On the other hand, general damages are nonmonetary. For example, general damages can be pain and suffering, emotional problems, or loss of enjoyment of life. The at-fault party will also have to compensate you for these injuries.
    A personal injury attorney can help you navigate through the legal maze of liability and damages and ensure that you receive the best offer from Walgreen’s. Until you find an attorney, however, you should continue to seek medical treatment for your injuries. Your goal should be to restore your health to what it was prior to the incident. Additionally, you should be wary of communication from Walgreen’s Claims Department. I would advise you to not speak with them or sign anything until you are represented, and then your attorney can give you advice on how and what you can communicate to Walgreen’s.
    I hope this information is helpful and I encourage you to seek assistance from a personal injury attorney as soon as possible.

  11. John Norman Frye

    Pro

    Contributor Level 6

    8

    Lawyers agree

    Answered . If your injuries are severe, you should consult an attorney. If not, you may want to attempt to settle with Walgreens without an attorney or file a small claims action. Be careful talking with the Walgreens claims department. Their only interest in talking to you is to pay you as little as possible for your injuries.

    Please be advised that my responses to questions on Avvo are meant for informational purposes ONLY and do not... more
  12. Allen Paul Vaysberg

    Contributor Level 7

    7

    Lawyers agree

    Answered . I would consult with an attorney ASAP. In many if not most instances, large corporations and insurance companies will not pay fair value on a claim when the person is unrepresented by an attorney.

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