Walmart is one of the biggest and most popular big box stores in the United States. Today, there are 5,342 Walmarts across the United States. With so many retail outlets throughout the country, it isn’t surprising that slip and fall accidents are relatively common at Walmart stores.
Like all property owners, Walmart has a duty to ensure that visitors to their stores are not harmed due to unsafe or dangerous conditions. If they fail in this duty, then they may be held liable in a special type of personal injury claim known as a premises liability lawsuit. An injury victim can seek compensation for their full range of injuries in this type of claim, from medical bills and lost wages to pain and suffering and emotional distress.
While it may be daunting to take on massive corporation Walmart, a skilled slip and fall attorney can work to get you the money that you deserve. If Walmart was negligent, our law firm will take them and their insurance company on to get you the highest possible settlement or verdict at trial.
Walmart Injury Claims
Slip and fall accidents can happen in any number of ways in and around Walmart stores. For example, a customer may be hurt in a fall due to:
- A spill in the aisle
- Broken or loose tiles
- Cracked or crumbling pavement in the parking lot
- Wet floors
- Debris in the aisles
If there was a hazardous condition at a Walmart and the store failed to either fix it or warn you about it so that you could avoid it, you may be able to pursue a fall case against the company if you suffered a fall injury.
Slip and falls may seem like relatively minor accidents. However, a fall can lead to serious injuries. Our law firm has represented people who have suffered all types of injuries in slip and falls, including:
- Broken bones
- Spinal cord injuries
- Soft tissue tears
- Neck and back injuries
- Traumatic brain injuries (TBI)
If a person dies in a slip and fall, their loved ones may be able to pursue a wrongful death lawsuit against the property owner.
Like other retailers, Walmart employees will typically fill out an incident report if you fall in one of their stores. This incident report may then be used as a way to limit Walmart’s liability if you pursue a personal injury case against the company.
Although Walmart is incredibly profitable, it works hard to minimize the amount of money that it pays out on liability claims. Specifically, it has a company, Claims Management, Inc (CMI), that tries to get injury victims to settle their case for as little money as possible. If you fall in a Walmart store, you will be required to file a claim with CMI.
Adjusters for CMI will try to get you to give a recorded statement where you admit fault or say something that undermines your claim. This can destroy your chances of recovering a fair amount for your injuries. That is why it is so critical that you consult with an experienced slip and fall lawyer as soon as possible. They’ll give you legal advice on your options, and handle communications with CMI to protect your rights.
How to File a Claim Against Walmart
As a general rule, property owners have a duty to maintain their premises in a reasonably safe manner. This duty includes an obligation to fix known hazards, or to warn visitors to their property about dangerous conditions. For example, a retailer may put up a “wet floor” sign after mopping to let you know that the area is slippery.
When a visitor is at a commercial establishment like Walmart, the property owner has a higher duty of care. Specifically, they don’t just have an obligation to fix known hazards – they must be proactive in seeking out dangerous conditions and fixing them. Too often, companies fail to take these steps to protect customers.
Filing a claim against Walmart is similar to filing a fall claim against another property owner – except that Walmart has CMI working to minimize or deny your claim. CMI will use a number of strategies designed to limit Walmart’s liability, like asking you to sign documents to allow CMI access to your full medical records, telling you that they accept full liability only to give you a paltry settlement offer, arguing that your injuries are unrelated to the fall, or delaying the claim until you give up in frustration.
The best way to fight back against this type of treatment – and to get the compensation that you deserve – is by working with a skilled slip and fall accident lawyer. Starting with a free consultation, your attorney will help you understand your legal rights. If you decide to hire the law firm, they will send a demand letter to CMI that outlines the facts of the case, the legal reason that Walmart is liable for your fall injuries, and make a demand for compensation.
When you are represented by counsel, CMI will know that it can’t use the same tricks that it normally does. Instead of being able to pressure you into settling the claim for far less than its full value, CMI will be forced to communicate with an attorney who knows the law – and knows what compensation you are entitled to under the law.
Your damages in a Walmart slip and fall case may include:
- Past and future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Your lawyer will make a specific demand for damages to cover your full range of losses. If CMI refuses to offer you a fair settlement, they will file a lawsuit and take the case to court to hold Walmart fully responsible for your injuries.
Remember: you don’t have to be bullied by Walmart or CMI. With the help of an experienced fall accident attorney, you can get the money that you deserve.
Can I Sue Walmart for Slipping and Falling?
If you fell in a Walmart because of a hazardous condition at the store or in its parking lot, you have a right to file a lawsuit against the company. Walmart is required to provide a safe environment for its customers. If it fails to do so, such as by not cleaning up spills in a timely manner, it can be held responsible for any injuries that result.
Most personal injury cases, including slip and falls, are resolved through settlement. The chances of getting a fair settlement are much higher if you work with a seasoned personal injury attorney who can fight for your right to compensation.
What Is the Average Settlement for a Slip and Fall Case against Walmart?
It depends. Each slip and fall claim is unique, and the value of a case depends on a number of factors. In particular, the nature and extent of your injuries will strongly influence the ultimate settlement amount. For example, if you suffered a broken leg in a fall at Walmart and are fully recovered after 3 months, your settlement will likely be lower than if you suffered a traumatic brain injury and are permanently disabled as a result.
The best way to get a good idea of the value of your case is to schedule a free consultation with a slip and fall lawyer. They can give you a ballpark estimate of your case value – and then fight to make sure that you get the maximum compensation from Walmart.
How Long Do I Have to File a Slip and Fall Case Against Walmart?
In Nevada, you have 2 years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. With some exceptions, unless you file a claim within this 2 year period, you will be barred from pursuing a lawsuit.
Because of this time limitation, it is important to contact a skilled Nevada personal injury lawyer as soon as possible after falling at Walmart. Your attorney will gather evidence and put together a strong claim for damages.
Hurt at a Walmart? We’re Here for You.
Being injured in a slip and fall can be an incredibly traumatic experience. If you’re hurt at a Walmart, the idea of taking on this mega corporation may seem overwhelming. Fortunately, you don’t have to do this alone: a personal injury lawyer can help.
At Cap & Kudler, we represent people who have been hurt in all types of accidents, from slip and falls and dog bites to car accidents and bike crashes. We offer free initial consultations, and never charge a fee unless we recover money for you. To learn more or to schedule a case evaluation with a Las Vegas personal injury attorney, call us at 702-878-8778 or fill out our online contact form.