If you slipped and fell in a Walmart (Walmart Lawsuits)store and are now injured and in pain, it is possible to sue the company and be successful. Walmart, being a retail giant, has a specific process for handling such claims. You can start by submitting a demand letter for compensation to Claims Management, Inc., a company created by Walmart to handle all of its liability claims.
If this approach fails, you can file a lawsuit against Walmart under a premises liability theory. This lawsuit aims to recover any losses you suffered from your injuries, including medical expenses and property damage. Taking these steps can help you seek the compensation you deserve for your injuries.
Can you file an injury claim if injured in Walmart?
Yes, you can file a personal injury claim if you were injured in an accident while in Walmart or on its property. Typically, injured parties file an injury claim with a company’s insurance company. However, Walmart is different. The company does not purchase insurance from a third party. Instead, it created its own company, Claims Management, Inc., to handle all its liability claims.
This setup means Walmart has a financial incentive to deny claims and avoid paying them. Despite this, you should still file a claim but be prepared to fight for your compensation. Consulting with a personal injury attorney for help may be necessary.
Can you file a lawsuit?
Yes, if you are not successful in negotiating a settlement, you can file a personal injury lawsuit against Walmart. Typically, such a suit is filed under a premises liability theory. Premises liability law requires a store owner to provide and maintain a reasonably safe environment for its visitors.
When suing Walmart, you will generally need to assert that it:
- caused a dangerous condition to exist on its property,
- knew about a dangerous condition but did nothing to fix or remove it, and/or
- reasonably should have known of a dangerous condition but did nothing to remedy it.
You will also need to show that you:
- were injured because of the dangerous condition, and
- suffered some type of verifiable harm.
If successful, you can recover compensation for your injuries, including payment for medical expenses and pain and suffering.
What evidence will you need for a claim or lawsuit?
To support any injury claim or lawsuit, you will need concrete evidence of your accident and injuries. The more substantial your evidence, the more success you will have in your claim or suit.
Common evidence in supporting a Walmart injury case includes:
- pictures of the accident scene,
- pictures of your injuries,
- witness statements,
- surveillance video from the Walmart store where you were injured,
- reports of prior accidents with facts similar to your incident,
- medical records, and
- a personal journal documenting your healing process.
When should you file a Walmart claim or lawsuit?
Most jurisdictions state that the statute of limitations for a premises liability case is two to three years. This means you must file a claim or lawsuit within this period, or you will lose your right to do so. The timing to file a case usually starts on the date of your accident.
While keeping this timeframe in mind, do not file a case too early. Before filing, ensure you have solid evidence to support your claim.
Should you avoid talking to Walmart?
Yes, avoid talking to anyone from Walmart while a claim or lawsuit is pending. This includes not discussing your injury with any Walmart employees. If you file an injury claim, you will need to speak with the representative handling your claim. Keep your conversations short and do not volunteer information.
Do not agree to provide a recorded statement, where a representative asks you questions and records your answers. The person asking questions may try to confuse you and use your words against you.
You can always consult with an injury attorney to help file a claim or lawsuit. Your attorney can speak on your behalf, so you do not have to worry about making mistakes.
What are common injuries people suffer in Walmart?
Slip and fall incidents are probably one of the most common sources of injuries in a Walmart store or on its property. Other sources of injuries include:
- falling objects (for example, items falling off shelves),
- broken equipment,
- poorly maintained equipment or property, and
- sharp items in a store.
If you suffer an injury, make sure to take pictures of what caused it. These pictures will serve as crucial evidence in any claim or lawsuit.
