To file a slip and fall claim against Walmart, you’ll need to:
- Understand your legal rights
- Consider legal representation
- Gather evidence
- File your insurance claim
- Negotiate a settlement
- Prepare for court
Just because Walmart is the country’s largest retailer does not preclude it from liability if someone falls in a store. You could seek compensation for your medical bills, lost wages, and other damages if you were hurt due to the store’s negligence.
You Should Understand Your Legal Rights After Slipping and Falling at Walmart
To establish a valid case, you must prove the following four factors:
- Walmart had an obligation to keep you safe since you were lawfully on the premises.
- Walmart did not maintain safe premises.
- You were injured in the store.
- You suffered injuries and other financial losses.
Even if you partially caused your own accident (like if you were texting and didn’t see a hazard), you could still seek damages under Texas Civil Practice and Remedies Code § 33.001.
For a free legal consultation, call 877-239-4878
You Should Consider Working with a Slip and Fall Injury Lawyer
It is rarely in your best interest to pursue an injury claim against Walmart on your own. Walmart is an enormous company with an army of lawyers at its disposal. The company is known for its aggressive negotiating tactics, and it will avoid paying compensation for a fall injury on its premises at all costs.
When you take on a slip and fall claim against Walmart without an attorney by your side, you put your financial recovery at risk. Even minor errors could put your case in jeopardy. Our firm can build your case, manage all communications, and negotiate a settlement that reflects your losses.
You Should Gather Evidence to Prove Your Case
The following pieces of evidence could prove that you were injured due to negligence:
- Security camera footage of your fall
- The accident report
- Testimony from Walmart’s employees, other customers, and those close to you
- Photos of your injuries
- Your own written statement
- Written communications between yourself and Walmart’s administrators
You will also need documentation that establishes the severity of your injuries. This could include medical records, hospital bills, and other paperwork related to your recovery. You could also provide work records that show you were forced to miss work due to your injuries. Your lawyer can gather all of these things for you.
Contact our personal injury lawyers today
You’ll Need to File Your Claim Against Walmart to Pursue Damages
Walmart is a self-insured company. That means instead of paying premiums to a third-party insurance company for liability coverage, Walmart assumes the risk of slip and fall accidents itself. Because the company is self-insured, you must file your claim directly with Walmart instead of with an insurance company.
At this point in the process, Walmart acts as its own insurance company. It pays any claims from its own funds, and it uses its own staff to investigate these claims. Walmart has teams of insurance adjusters and lawyers that investigate claims and determine if they are valid.
To initiate the process, you or your attorney must notify the claims department that an injury occurred. Walmart’s response will dictate what you should do next.
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You Have the Right to Negotiate a Settlement
There are two common outcomes for every claim filed with Walmart. It’ll either:
- Deny your claim altogether
- Offer you money that accounts for a fraction of your damages
At this point, your attorney’s ability to negotiate a settlement will take center stage. Your attorney will make it clear you will not be pushed around and that any bullying tactics will not be effective. During these negotiations, the strength of the initial investigation will come into play.
By developing a strong case for negligence, Walmart’s claims handlers might see that the chances of prevailing at trial are low. Building a strong case is the simplest way to secure a fair settlement offer. Often, an is possible without filing a lawsuit, per the American Bar Association (ABA).
You Could File a Lawsuit If Your Claim does Not Succeed
Sometimes an insurance claim won’t get you the compensation you deserve. If Walmart refuses to make a reasonable effort to settle your case, you could pursue a civil lawsuit to seek damages.
Your attorney is responsible for the work of drafting a lawsuit, notifying Walmart, and navigating the case through the court system. Once they see that you’ve filed a lawsuit, Walmart’s representatives may have a change of heart and offer you fair compensation.
Let the Strong Arm Guide You Through the Claims Process
Pursuing a slip and fall accident claim against Walmart is complex. The company is more aggressive than most insurance carriers. They will not hesitate to take advantage of the fact that you do not have an attorney.
To even the playing field, allow the team at Loncar Lyon Jenkins to advocate on your behalf. We will work to make sure you are treated fairly during the process. If you still have questions about how to file a slip and fall claim against Walmart, we can provide the answers. Call (877) 239-4878 for your free consultation.