I was in KMART and a huge box fell on me. They have a management service that handles their claims. Help?!?

by admin on September 26, 2010

If I were to take them to small claims court (since they’re refusing to pay my medical bills and lost wages) would I take Kmart or their management service? I have already inquired with a few personal injury lawyers, and they only take cases where there is a viable long-term injury. I had back pain for a few weeks, but am fine now. I am just asking for medical reimbursement and loss of wages, under 00. And I cannot afford the minimum 0 retainer for a lawyer, so that’s why I’m trying small claims court.Thanks so much for any help. An easy 10 points for anyone with knowledge of this.

PS- If I "sue Kmart" who at Kmart do I name as the defandant, since Kmart isn’t a tangible person?

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{ 4 comments }

Representative&Gov Advisor,fmr. September 26, 2010 at 2:27 pm

You can take both the company and the individual, but probably not in the same suit.

If its nationally owned, and you can get it tried in your area, and sue the national cooperation, they usually won’t bother showing up, and you’ll win by default;

But if its locally owned, they’ll probably send someone to offer you money not o sue, which will be far less than you’d get in court, if you won, which you probably wouldn’t

sgtboat September 26, 2010 at 2:27 pm

You sue the corporation for negligence.
Quite a few lawyers will do it for 33% of the suit with no money up front

JoJo31 September 26, 2010 at 2:27 pm

Go to small claims court and name the store manager as the defendant. If you have all the documentation you should win. Claim whatever your losses were plus court costs. That way you get reimbursed for the small court filing fee, under fifty bucks.

justin h September 26, 2010 at 2:27 pm

how did you get into a postion to have a huge box fall on you?

was the box unsecured on a high shelf? did someone push the box off onto you? did an earthquake cause the box to shift and it fell off? were you trying to get a big box off a shelf without assistance?

if the fall was a result of someone’s negligence at the store, that’s who you sue. if the fall was a result of you being stupid (which is more often the case) suck it up and move on.

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