How to Negotiate Walmart Injury ClaimsLast updated on: September 10, 2019
CALL (800) 863-5312 TO SPEAK WITH A PERSONAL INJURY ATTORNEY FOR FREE
Pursuing legal action against any large corporation can prove incredibly difficult, and Walmart is no exception. Being such a large corporation, they have almost unlimited resources to defend itself against legal claims brought against it. Therefore, if you intend to file a personal injury claim against Walmart it is essential that you are knowledgeable and prepared for what’s to come. By far one of the smartest choices you can make when deciding to pursue a claim against is to consult an experienced attorney. Don’t allow yourself to be taken advantage of, contact an experienced attorney as soon as possible.
If you or a loved one has been injured in an accident and Walmart may be at fault, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our personal injury attorneys.
How Walmart Handles Claims
Walmart has a reputation when it comes to personal injury claims as being quite aggressive. When it comes down to it, Walmart is a business. Therefore, its top priority is making money. What this means is that they may do everything in their power to pay out as little as possible to those seeking compensation for injuries that occurred in one of their stores.
When considering Walmart injury claims, is important to be aware of the fact that they provide their own liability insurance. Most companies across the country usually have liability insurance that protects the company in the event of a lawsuit. However, Wal-Mart is such a large corporation that rather than buying insurance from a third party, it created its own company to handle all liability claims. Meaning, they are more financially involved in all claims, therefore, creating a larger incentive to fight harder against claims brought against it.
One of the most common areas of lawsuits brought against Walmart is premises liability lawsuits. Under this theory, Wal-Mart must take reasonable steps to ensure the safety of those on its property. This does not mean that they must create an environment that is 100% safe, but instead simply reasonably safe. To be successful under this theory, you must prove:
- Walmart caused a dangerous situation, or
- Walmart knew or should have known about the dangerous situation and did not take the necessary steps to remove it.
When bringing a personal injury lawsuit, you must also prove the four common elements of negligence. These four elements are:
- Duty of care
- Breach of Duty
How to File a Claim
If you are injured inside a Walmart or if it can be determined that Walmart caused your injury, there are some important steps you should consider taking. By taking such steps, you may be protecting your legal rights to file your claim and seek compensation. Some steps you should consider taking when filing a personal injury claim include:
1. Seek Medical Attention
Your top priority after being injured in any type of accident should always be to seek medical attention as soon as possible. You may feel that your injury does not rise to the level of a visit to the doctor, but this is a mistake. It is possible for an untrained eye to miss signs of serious injuries, signs that doctors would not miss. The longer you hold off seeing a doctor, the harder it may be to prove just how injured you were and the accuracy of your injuries. If you are even considering filing a personal injury lawsuit against Wal-Mart, you should take a trip to the doctor as soon as possible to make sure your injuries are properly documented.
2. Gather Evidence
After you receive the medical attention necessary, your next step should be to immediately gather evidence. One of the most essential pieces of evidence you can acquire is photographs. Take as many photographs of the scene as possible as soon after the injury as you can. If you are unable to take photos due to the serious nature of the injuries you might have sustained, consider reaching out to an attorney who may work out a way to get the photos for you.
You should also consider reaching out to any witnesses of the accident. These witnesses may add important information from a different perspective that might prove to be incredibly beneficial in your claim against Wal-Mart. When reaching out to witnesses, be sure to get their names and contact information so that you can keep in contact with them further down the line.
You should also be sure to keep all financial records related to the accident. This means you should keep a detailed record of all the medical expenses incurred as a result of the injury you suffered, including any reports created by your doctor. You should also keep a record of any time you missed from work due to your injuries, as you may be able to seek compensation for the lost wages.
You should also demand a copy of any surveillance footage of the scene of the accident. When making this demand, be sure to do it as soon after the accident as possible, as this footage may potentially be automatically deleted after a certain period of time. It is very hard to argue against video footage, so this may be your strongest piece of evidence when it comes time to seek compensation.
3. Consult an Attorney
As explained, going up against a large corporation such as Walmart can be incredibly frustrating and admittedly quite difficult. However, an experienced attorney may help simplify the process and give you a better chance at being successful in seeking compensation for your injuries. Do not let the sheer size of Wal-Mart prevent you from filing a claim. Consult an attorney to see what steps you should take when considering filing a claim.
4. Don’t Wait
You should take these steps as soon as possible. Evidence may be lost or injuries may heal if too much time is allowed to pass from the date of the injury to the date in which you decide to file a claim. You should take all of these steps as soon as possible to increase your chances of success when seeking compensation in your claim against Wal-Mart.
Common Wal-Mart Injury Claims
There are many different ways people can be injured at Walmart. It is also important to be aware of the fact that injuries may occur off-premises, too. Common injury claims include:
- Slip and falls
- Wet floors
- Frayed carpeting
- Boxes in aisles
- Merchandise in walkways
- Holes in the parking lo
- Uneven sidewalk
- Employee negligence
- Product liability
- Injuries from defective products
- Injuries from products with unsafe designs
- Injuries from products unsafely manufactured
- Injuries from products with defective warning or instructions
- Injuries to employees
- Delivery driver injuries
- Injuries in the loading dock
- Contractors injured on site
If you’ve suffered an injury, property damage, or another kind of loss caused by Walmart, you may be able to seek accident compensation from Walmart for your losses. This compensation is usually called “damages.” Compensatory damages are usually divided into two broad categories: economic and non-economic damages.
Economic damages are usually easily calculated using financial statements or medical records. Non-economic damages, however, are more difficult to determine and may be more subjective. Common areas of compensation include:
- Lost wages
- Medical expenses
- Costs associated with repairing damaged property
- Household expenses
- Pain and suffering
- Disability or disfigurement
- Physical impairment
- Mental anguish
- Loss of companionship
- Loss of enjoyment of life
It is also important to remember that different states may have different laws that determine what areas of compensation may be available to plaintiffs seeking damages.
If you are confused as to what areas of compensation you may be able to seek, consider consulting an experienced attorney. An experienced attorney can help explain to you how to move forward on your claim and what compensation you may be able to seek.
Statute of Limitations
When considering whether or not you want to move forward with your claim against Walmart it is important to be aware of the legal time limits that may apply to your case. These legal time limits are generally governed by a state’s statute of limitations. Each state has its own statute of limitations that governs when cases must be filed, so be sure to check on the time limit imposed by your state. An attorney can help determine how your state’s statute of limitations applies to the specific facts of your case.
It is also important to know of some exceptions to the general rules provided by states’ statutes of limitations. For example, if the party seeking damages is a child under the age of 18, the legal time limit will generally not commence until that child turns 18. This legal time limit may also change if the injury caused a death. These claims are generally brought as wrongful death lawsuits, and therefore some states may have different legal time limits. Again, consider reaching out to an experienced attorney who may help explain to you how these time limits apply to the facts of your case.
Our Premises Liability Attorneys Are Here To Help
Our accident lawyers can help you understand the law. There are many factors to consider, such as previous complaints about an existing hazard, determining the true extent of Walmart’s negligence, and determining negligence, if any, of the individual injured.
These are only a few of the factors that we analyze when investigating a case. Contact Zinda Law Group at 888-449-1160 for a free consultation regarding your injury case. As one of our clients, you will pay nothing unless we win your case – that’s our No Win No Fee Guarantee!
Meetings with attorneys by appointment only