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Apr
2025

How to File an Injury Claim Against CVS

on  Premises Liability

Getting hurt in a place like CVS isn’t something you expect. You might have just been picking up a prescription or grabbing some essentials when a wet floor, a falling product, or a poorly maintained parking lot changed everything. Now, you’re in pain, stuck with medical bills, and wondering what to do next.

If your injury was caused by CVS’s negligence, you have the right to seek compensation. But filing a claim against a large corporation isn’t always straightforward. Knowing what steps to take—and when to take them—can make all the difference in getting the settlement you deserve. 

An experienced premises liability lawyer can help you fight for the compensation you deserve after suffering an injury at CVS. We make it easier to move forward after getting hurt, so you can focus on what truly matters – rebuilding your life. 

Common Injury Scenarios at CVS

Walking into a CVS should be a routine errand, not a dangerous situation. But accidents happen more often than you might think, and many of them are preventable. Understanding the common ways people get hurt in these stores can help you determine whether you have a valid claim and what steps you should take next.

Slip and Fall Accidents

One of the most frequent causes of injuries in CVS stores is slip and fall accidents. Customers may fall on wet floors, either from a recent spill, cleaning, or even leaking refrigeration units. When employees fail to put up warning signs or clean up hazards promptly, unsuspecting shoppers can easily lose their footing. Uneven flooring, loose rugs, or cluttered aisles can also contribute to falls, leading to broken bones, sprains, concussions, or even more severe injuries.

Slip and fall injuries can be particularly dangerous for elderly customers and young children, who may suffer fractures or head trauma that require long-term medical care. The key question in these cases is whether CVS employees were aware of the hazard and failed to address it in a reasonable timeframe. If they knew—or should have known—about the danger and didn’t act, CVS could be held liable for your injuries.

Falling Merchandise

Most CVS stores have tall shelves stocked with a wide variety of products, from household goods to medication. When shelves are improperly stocked or overloaded, products can shift and fall unexpectedly. A heavy item falling from a high shelf can cause serious injuries, including head trauma, facial injuries, or even fractures.

Store employees have a responsibility to stock shelves safely and ensure that items are secure. If they fail to do so, and you’re injured as a result, you may have a claim against CVS. Proving negligence in these cases often depends on showing that employees either stacked items unsafely, ignored obvious risks, or failed to correct a known issue.

Pharmacy Errors

A pharmacy mistake can be one of the most dangerous types of injuries that occur at CVS. Customers trust pharmacists to dispense the correct medication and dosage, but errors happen. A misfiled prescription, an incorrect dosage, or a mix-up with someone else’s medication can lead to severe health complications, hospitalization, or even life-threatening consequences.

Pharmacy errors can result from overworked staff, poor communication, or simple negligence. If you receive the wrong medication or the wrong instructions and suffer harm as a result, CVS may be liable for your injuries. Holding them accountable often requires medical records, expert testimony, and evidence showing that the pharmacy’s mistake directly led to your health issues.

Parking Lot Hazards

CVS is responsible not only for maintaining safe conditions inside its stores but also for ensuring that its parking lots are free from hazards. Cracked pavement, potholes, poor lighting, and negligent security can all create dangerous situations for customers. CVS has a duty to keep its premises reasonably safe, and failing to do so could make them liable for your injuries.

Proving CVS Was Liable for Your Injury
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If you’ve been injured at CVS, proving that they were responsible for your accident is key to getting compensation. CVS, like all businesses, has a legal duty to keep its stores and parking lots safe for customers. This responsibility falls under what’s known as premises liability law, which holds property owners and businesses accountable for injuries that occur due to their negligence.

To have a successful claim in Florida, you must prove that CVS failed to meet this legal duty. That means demonstrating that:

  • CVS had a duty to keep the premises safe.
  • They failed to meet that duty by ignoring a dangerous condition or failing to correct it in a reasonable time.
  • Their negligence directly caused your injury.
  • You suffered actual damages, such as medical expenses, lost wages, or pain and suffering.

For example, if you slipped on a wet floor at CVS, you’d need to show that employees knew (or should have known) about the spill but didn’t clean it up or put out a warning sign. If another customer reported the hazard 20 minutes before your fall and no action was taken, CVS could be held responsible.

Gathering evidence is crucial in proving liability. This includes:

  • Photos or videos of the dangerous condition before it’s cleaned up.
  • Witness statements from people who saw what happened.
  • Incident reports filed with CVS management.
  • Medical records and bills showing the extent of your injuries.

The stronger your evidence, the more likely you are to get a fair settlement or win your case in court. If CVS disputes your claim or tries to shift the blame, having thorough documentation can make all the difference.

Steps to Take Immediately After Your Injury

If you’ve been injured at CVS, what you do in the moments and days after your accident can impact your ability to file a claim. Here’s what you should do to protect yourself and strengthen your case.

  1. Report the Incident – Tell a store manager right away. Ask them to create an incident report and request a copy. This official record can serve as important evidence if CVS later tries to deny responsibility.
  2. Take Photos and Videos – Document everything—wet floors, uneven pavement, fallen merchandise, or anything else that caused your injury. If there were no warning signs, capture that too.
  3. Gather Witness Information – If other customers or employees saw what happened, ask for their contact information. Their statements can help confirm your version of events.
  4. Seek Medical Attention – If you believe that you suffered a legitimate injury, see a doctor. Some injuries, like concussions or soft tissue damage, don’t show immediate symptoms. Getting medical treatment also creates a record linking your injuries to the CVS accident.
  5. Keep Records – Save all medical bills, receipts, and any correspondence with CVS or their insurance company. The more documentation you have, the stronger your claim will be.

Taking these steps not only protects your health but also ensures you have the necessary proof if you decide to file a claim. The sooner you act, the better your chances of holding CVS accountable for your injury.

How to File an Injury Claim Against CVS

If you were injured at CVS due to negligence, you have the right to seek compensation. But filing an injury claim can feel overwhelming, especially if you’ve never dealt with a legal matter like this before. The process involves notifying CVS or their insurance company, proving their liability, and negotiating a fair settlement. Knowing what to expect and how to handle each step can make a significant difference in the outcome of your case.

Step 1: Contact CVS About the Incident or Retain an Attorney

The first step in the process is to make sure that CVS knows that you suffered an injury and that you are maintaining an injury claim for compensation for that injury. You can notify CVS by calling the company at 1-888-607-4287 to report the incident. Alternatively, you can retain a personal injury attorney to handle your claim for you from the very beginning. 

In many cases when the incident was properly reported at the store and your information was taken down by the store manager, a representative from CVS or their insurance carrier may reach out to you by telephone before you even have an opportunity to call and report the incident. 

Step 2: Discuss Incident with CVS or Their Insurance Company

CVS carries liability insurance to cover injury claims from customers who get hurt in their stores. After notifying CVS of what occurred, you will likely receive a call or letter from CVS’s insurance company. The insurance company is trying to learn more about what occurred, the injuries suffered, and the medical treatment received. 

When you speak to CVS or their insurance company, be cautious about what you say. Stick to the basic facts—where and when the accident happened, the type of injury you suffered, and any immediate medical treatment you received. Avoid giving recorded statements or discussing fault at this stage, as insurers often try to use your words against you to minimize their payout.

Step 3: Prepare a Demand Letter

A demand letter is a formal document outlining your injury, medical expenses, lost wages, and the compensation you are requesting. This is your opportunity to present your case and explain why CVS is responsible for your damages. A strong demand letter should include:

  • A detailed description of the incident, including how CVS’s negligence caused your injury.
  • A summary of your injuries, medical treatments, and any ongoing health issues related to the accident.
  • The financial losses you have suffered, such as medical bills, missed work, and other related expenses.
  • A specific dollar amount you are demanding as compensation.
  • All of your photos, videos, medical records, medical bills, receipts for out-of-pocket expenses, and health insurance liens as attachments for the insurance adjuster to reference.

It’s important to base your demand amount on real calculations, factoring in both current and future medical costs, lost earnings, and pain and suffering. If you are unsure how to structure this letter, consulting a personal injury attorney can help ensure you present a compelling case.

Step 4: Negotiate a Settlement

Once the insurance company reviews your claim, they will likely make an initial settlement offer. In many cases, the first offer will be lower than what you deserve. Insurance companies are in the business of paying out as little as possible, so they may downplay your injuries or argue that CVS wasn’t at fault.

If their offer is too low, you have the right to negotiate. You can respond with a counteroffer that reflects your actual damages, supported by medical records, receipts, and witness statements. Be prepared for back-and-forth negotiations, and don’t rush to accept a settlement that doesn’t fully cover your expenses and suffering.

If CVS’s insurance company refuses to offer a fair settlement or denies your claim entirely, it may be time to consult a lawyer. 

When to Hire a Premises Liability Lawyer to Represent You Against CVS
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While some injury claims can be settled without legal help, there are situations where hiring a lawyer is strongly recommended. CVS is a massive corporation with a legal team and insurance adjusters working to minimize payouts. If your case involves serious injuries, disputed liability, or a lowball settlement offer, an experienced premises liability attorney can protect your rights and negotiate on your behalf.

  • If CVS Denies Responsibility: One of the most common reasons to hire a lawyer is if CVS refuses to accept fault for your injury. They may argue that the hazard wasn’t their fault, that they didn’t have enough time to fix the issue, or that you were partially responsible. An attorney can gather evidence, interview witnesses, and build a strong case proving CVS’s negligence.
  • If You Have Severe Injuries: The more serious your injuries, the more compensation you may need to cover medical costs, lost wages, and future treatment. Insurance companies often try to downplay injuries, claiming they are less severe than you say. A lawyer can bring in medical experts and documentation to prove the full extent of your damages.
  • If the Insurance Company Lowballs Your Settlement: Insurers frequently make low initial offers, hoping injury victims will accept less than they deserve. If you receive a settlement offer that doesn’t fully cover your medical bills, lost wages, and pain and suffering, a lawyer can negotiate a higher payout. They know how to push back against unfair tactics and ensure you get a fair deal.

Hiring a lawyer doesn’t mean you have to go to court—most personal injury cases settle before trial. But having legal representation gives you leverage and increases your chances of securing the compensation you need.

Potential Compensation You Could Receive For Your Injury Claim

If you file a successful injury claim against CVS, you may be entitled to several types of compensation. The amount you can recover depends on the severity of your injuries, how much the accident has impacted your life, and whether CVS’s negligence was particularly reckless.

Medical Expenses

One of the biggest costs after an injury is medical treatment. A settlement can cover:

  • Emergency room visits
  • Hospital stays
  • Surgeries and procedures
  • Physical therapy
  • Prescription medications
  • Future medical care if your injury requires ongoing treatment

Lost Wages

If your injury caused you to miss work, you could be compensated for lost income. This includes:

  • Wages lost while recovering
  • Reduced earning capacity if you can’t return to the same job
  • Future lost wages if your injury affects your ability to work long-term

Pain and Suffering

Beyond financial losses, injuries can cause physical pain, emotional distress, and reduced quality of life. Pain and suffering compensation is meant to address these hardships. Factors that influence this amount include the severity of your injury, how long you’ve been in pain, and how much the accident has disrupted your daily life.

Every case is different, and the exact amount you may receive depends on the circumstances. A lawyer can help you calculate a fair settlement amount based on all these factors.

Let Prosper Shaked Fight for You

If you’ve been injured at CVS or another drug store, you need someone on your side to help you get the compensation you need. You don’t have to deal with the financial and emotional burden alone. CVS and their insurance company may try to deny responsibility or offer a low settlement, but you have rights. 

At Prosper Shaked Accident Injury Attorneys PA, we know that injured customers often face an uphill battle when filing injury claims against CVS. We help them fight back. We offer free consultations, and you pay nothing unless we win. Don’t wait—call us today at (305) 694-2676, text message us, chat with us online, or fill out our online form to get started.