To sue Kroger for personal injury in Texas, you must have a valid claim of negligence, follow through with medical care, and compile evidence to prove your claim.
A Houston personal injury lawyer can fight to resolve your claim through a settlement or trial award.
Find Out if You Have a Valid Claim
Those injured because of someone else’s negligence may be eligible to pursue compensation through a personal injury claim in Texas. If a trip to Kroger leads to a slip and fall accident or other type of injury, you may have grounds to file. To collect compensation, you need to prove the four elements of negligence against the at-fault party. These elements are:
- Duty of Care: The negligent party owed a legal obligation to uphold your safety. Under premises liability laws in Texas, as a customer in Kroger, you are an “invitee” and owed a high duty of care by property owners or supervisors.
- Breach of Duty: The negligent party failed to uphold your safety. Kroger must comply with all safety regulations. Stores must have processes in place to quickly correct or warn guests of hazards.
- Causation: The breach in duty was the direct cause of your injury. For example, the supermarket’s failure to identify and address a spill caused you to slip and fall.
- Damages: Your injuries resulted in measurable losses. Losses include medical expenses and lost wages, among others.
An experienced personal injury lawyer can review your situation for free and determine whether you have a valid claim. Kroger is a massive company with powerful representation. To sue Kroger for personal injury successfully, securing your own effective representation is a critical step.
Take Measures to Support Your Claim at the Scene
Report your accident to the Kroger store manager or supervisor right away. Fill out an accident report. If it’s possible, take pictures documenting the hazard that caused your accident and get contact details from witnesses, the store manager, or any employees who witnessed the incident or came to your aid.
When you report the incident, don’t say anything that could be interpreted as an admission of fault. Don’t even offer a polite “I’m sorry for all the fuss” or an embarrassed “I should have seen the spill.” These types of comments can undermine your claim.
Follow Up With Medical Care
In worst-case scenarios, you may need to be taken to a medical facility by ambulance. If you can leave the scene on your own or with a friend or family member, you still need to get prompt medical treatment.
Documentation of your injuries is critical evidence. Early treatment also prevents Kroger from claiming you worsened your situation by delaying care. They could also use your delay as “proof” that you didn’t truly get hurt and only claimed so later, so you could file for damages.
Compile Evidence Showing Kroger’s Negligence
You need convincing evidence of the company’s negligence, and your injuries and other losses to sue Kroger for personal injury in Texas. The Texas Civil Practice and Remedies Code, Chapter 33, establishes the State’s comparative negligence system. If you’re less than 51% to blame for the accident, you can pursue compensation.
Kroger will try to inflate your blame to prevent you from getting compensation. If they can’t prove you are 51% to blame, they will try for a smaller percentage. According to the law, victims’ compensation is reduced by their percentage of fault. A skilled attorney will collect comprehensive evidence to demonstrate the grocery chain’s negligence and to protect you from unwarranted accusations.
Determine the Value of Your Losses
The way personal injury settlements are calculated is by adding up your economic losses and putting a value on your pain and suffering. Economic losses include any financial hits incurred by the accident. Typically, they include medical expenses, income loss, and property damage.
If you have to make other payouts, perhaps to pay for transportation or hire others to take care of duties you can’t manage as you recover, those expenses count as well. The physical and emotional pain you endure also has value, and your attorney will assign a value to that suffering in the settlement calculation.
File Your Claim Against Kroger for Personal Injury
An attorney can handle all paperwork and legalities involved with filing your claim with the court. The deadline for filing to sue Kroger for personal injury in Texas is usually two years, per Chapter 16 of the Texas Code.
A fast legal partnership is always in your best interest as it allows your attorney time to investigate and gather evidence, and file before the deadline hits.
Try to Resolve Your Personal Injury Claim Through Negotiations
Sometimes, you can resolve a claim without going to court. Your attorney presents the other side with a settlement demand. Usually, the other side answers with a lower offer. Then, the sides continue presenting evidence, arguments, and corresponding offers until reaching an agreement.
Once you sign and accept a settlement offer, the claim is resolved and cannot be revisited. It’s important to have an attorney’s advice when deciding whether to accept a settlement.
Take Your Fight to Trial
When the negligent party refuses to take responsibility and make you a fair offer, or if they continuously implement stall tactics to prevent negotiations from progressing, you may need to take your case to court.
You have the right to sue Kroger for personal injury in Texas, but to win that lawsuit, you need to partner with a lawyer who will not encourage you to settle for less and who is not afraid to fight for you at trial, even against major companies like Kroger.
Let Lowe Law Fight for You
Lowe Law is a relentless advocate for justice. We don’t back down to any opponent, no matter how big. We know how to sue Kroger for personal injury in Texas, and we will do what it takes to get you the most favorable claim resolution possible.