Walmart, being one of the largest retail chains in the world, sees an enormous amount of foot traffic every day. With so many customers, it’s not uncommon for accidents, such as slip and fall incidents, to occur. If you’ve suffered a slip and fall at a Walmart store, you may be entitled to compensation for your injuries.
Here’s a step-by-step guide on how to file a slip and fall claim against Walmart.
Step 1: Document the Incident
Immediately after the fall, take the following steps:
- Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent.
- Report the Accident: Notify a Walmart manager or employee about the incident so they can file an accident report. Request a copy of this report for your records.
- Take Photos and Videos: Document the scene where you fell, including any hazards that contributed to your fall, such as wet floors, debris, or poor lighting.
- Collect Witness Information: If anyone saw you fall, get their names and contact information. Witness statements can be crucial in supporting your claim.
Step 2: Preserve Evidence
- Save Physical Evidence: If your clothing or personal items were damaged in the fall, keep them as they are without washing or repairing them.
- Medical Records: Keep all records of medical treatments, including doctor’s notes, prescriptions, and receipts for any expenses related to your injury.
- Maintain a Pain Journal: Document your pain levels, recovery process, and how the injury affects your daily life.
Step 3: Avoid Speaking to Walmart Representatives
Walmart’s Claims Management, Inc. (CMI) or their insurance company may contact you. It’s important not to give any statements or accept any settlements without consulting an attorney. Anything you say can be used to minimize your claim.
Step 4: Gather Additional Evidence
- Surveillance Footage: Request any in-store surveillance footage that may have captured your fall.
- Incident History: Research or request information on past slip and fall incidents at the same Walmart location. A pattern of negligence can strengthen your case.
Step 5: Consult with a Personal Injury Attorney
- Find an Experienced Lawyer: Look for an attorney who specializes in slip and fall cases and has experience dealing with large corporations like Walmart.
- Free Consultation: Many personal injury lawyers offer free consultations to assess your case and advise you on the next steps.
- Contingency Fee Basis: Choose a lawyer who works on a contingency fee basis, meaning you only pay if you win the case.
Step 6: File the Claim
Your attorney will help you:
- Draft and File a Complaint: This legal document outlines your allegations against Walmart and the damages you are seeking.
- Serve Walmart: Legally deliver the complaint to Walmart, giving them notice of the lawsuit.
- Negotiate a Settlement: Your attorney may attempt to negotiate a settlement with Walmart’s legal team to compensate you for your injuries without going to trial.
Step 7: Prepare for Litigation
If a settlement cannot be reached, be prepared to go to court. Your attorney will:
- Gather Evidence: Compile all documentation, witness statements, and expert testimonies.
- Discovery Process: Exchange information with Walmart’s attorneys and depose witnesses.
- Trial: Present your case in court, where a judge or jury will determine the outcome.
Step 8: Understand the Timeline
Be aware that the legal process can be lengthy. It’s important to file your claim within the statute of limitations, which varies by state. Your attorney can inform you of the specific deadlines.
Filing a slip and fall claim against Walmart involves several steps, from documenting the incident to potentially going to trial. It’s a complex process that requires a strategic approach and legal expertise. By hiring a competent personal injury attorney and following the proper procedures, you can increase your chances of receiving fair compensation for your injuries and losses. Remember, each case is unique, so it’s essential to get personalized legal advice for your situation.
After your injury, Walmart Claims Management, Inc., or CMI, may try to contact you after your injury. DO NOT SPEAK to them, contact your attorney. Walmart CMI will take statements that you told them and use them against you.
Hire a Competent Attorney
Walmart is the biggest retailer in the country, so it is one of the most challenging corporations to sue. The Lawyers at Adley Law Firm can help assess how much your claim is worth and what kind of compensation you can expect from this lawsuit. Our lawyers know how to win a case against Walmart.
We work on a contingency fee basis, if we do not win your case, you pay us nothing. If you are interested in going through with your case against Walmart, call us at (713) 999-8669 or schedule a free consultation. We are passionate about helping our clients win and getting the justice they deserve.