Understanding the Slip and Fall Claim Process Against a Major Retailer Like Walmart
Filing a slip and fall claim can feel overwhelming, especially when the at-fault party is a major corporation like Walmart. However, you still have rights, and if you were injured due to unsafe conditions inside the store, you could pursue compensation for your medical bills, lost income, and other damages. Knowing what steps to take can make a significant difference in the outcome of your case.
Know Your Legal Rights Before Filing a Slip and Fall Claim
To succeed with a slip and fall claim, you must prove that Walmart owed you a duty of care, failed to keep the premises safe, and that this failure caused your injuries and financial losses. If you were lawfully on the property as a customer, Walmart had a legal obligation to keep the environment safe. Even if you were partially at fault for the accident, you could still recover damages under Texas Civil Practice and Remedies Code Section 33.001, as long as you are not more than 50 percent responsible for what happened.
Legal Representation Can Strengthen Your Slip and Fall Claim
Walmart is a massive company with experienced insurance adjusters and legal teams dedicated to limiting liability. These teams are known for their aggressive defense tactics, often aiming to deny or undervalue legitimate claims. Pursuing a slip and fall claim without legal representation puts your recovery at risk. A personal injury lawyer can guide you through the process, build your case, negotiate with Walmart’s representatives, and help ensure that your rights are protected at every stage.
Gather Evidence to Support Your Slip and Fall Claim
Strong evidence is essential for proving your slip and fall claim. Security camera footage can show the conditions that led to your fall. An incident report prepared by Walmart staff may contain important details about the scene. Witness statements, both from employees and other customers, can provide further context. You should also document your injuries with photos and obtain copies of your medical records, treatment bills, and any communications you had with Walmart after the incident. Work records may also be needed to show missed income. Your lawyer can help organize all of this into a cohesive case file.
File Your Slip and Fall Claim With Walmart Directly
Unlike many businesses, Walmart is self-insured. That means it doesn’t use a third-party insurance provider for liability coverage. Instead, you or your attorney must submit your slip and fall claim directly to Walmart’s internal claims department. Once notified, Walmart investigates the incident and determines whether to accept or reject the claim. Because they’re using their own funds, they often look for any reason to avoid paying. An attorney can help you prepare a well-documented, compelling claim that gives you the best chance of success from the start.
Negotiate for a Fair Slip and Fall Settlement
Walmart may respond to your claim in one of two ways. It might reject your claim entirely or offer a low settlement that does not reflect your actual damages. At this point, your attorney’s negotiation skills become critical. By using the evidence collected early in the process and applying legal pressure, your lawyer can push Walmart toward a more reasonable settlement. Often, a strong case and confident legal representation are enough to avoid a lawsuit and secure a fair outcome.
Taking Your Slip and Fall Claim to Court
If Walmart continues to deny responsibility or refuses to offer a fair settlement, your attorney may recommend filing a lawsuit. This formal step involves drafting the legal paperwork, notifying Walmart, and initiating court proceedings. In some cases, the act of filing a lawsuit alone may prompt Walmart to reconsider and offer compensation. If not, the case moves toward trial. Your lawyer will present evidence, call witnesses, and argue your case before a judge or jury. The opposing side will also present their defense, but your attorney will be able to challenge their arguments and evidence. If the jury sides with you, you may receive compensation for your medical expenses, pain and suffering, lost wages, and more.
Let Loncar Lyon Jenkins Handle Your Slip and Fall Claim
Taking on Walmart alone can be an uphill battle. The company’s self-insurance model makes the process more difficult than traditional claims. They investigate aggressively, challenge injuries, and try to reduce payouts. You need someone on your side who understands the system and knows how to fight back. At Loncar Lyon Jenkins, our team has extensive experience dealing with large corporations. We know the tactics they use and how to build strong, evidence-backed claims that hold up under scrutiny. From filing paperwork to negotiating or litigating your case, we handle every step with care and precision.
Call the Strong Arm Today
Under Texas Civil Practice and Remedies Code Section 16.003, you have only two years from the date of your injury to file a lawsuit. That deadline can approach faster than you think, especially if you are dealing with medical treatment and recovery. Don’t wait to take action. Contact Loncar Lyon Jenkins today for a free consultation. We will evaluate your slip and fall claim, explain your options, and fight to get the compensation you deserve. Let the Strong Arm be your voice against powerful companies like Walmart.
