Injured At Walmart? The 2023 Walmart Injury Attorney Guide

Walmart is one of those American success stories that began as a family-owned business in Arkansas in 1962. It has expanded globally and has become the worlds top retailer with over 4,600 stores in the United States and 2.1 million employees worldwide. Walmart sells over $400 billion worth of merchandise and collects almost $5 billion worldwide in revenue annually.

In American stores, Walmart is over 700 million square feet of floor space. Most shoppers at Walmart complete their daily shopping without injuries but at times there are some customers that do suffer injuries.

Attempting to hold Walmart liable for your injuries can be challenging.

Walmart has so much money that they are able to afford the best defense attorney and will do anything in their power to make you drop your case. You will need an experienced attorney that is knowledgeable in these types of cases.

This guide will cover the basics of premises liability and will describe step by step on how to tackle a big company like Walmart to get the compensation you deserve.

Claims Against Walmart

Challenging a rich and powerful business like Walmart can be extremely difficult and tough to prosecute. This is because Walmart has its own liability insurance.

This means that Walmart can self insure rather than buying insurance from a third party insurer. It can handle its own liability claims and will directly pay any settlement against them in a personal injury case. Walmart has the power to avoid paying any damages, persuade you from not taking a course of action, denying your claim, and making your case difficult for you.

The Types of Injuries Customers Suffer at Walmart

The most common injury at Walmart is a slip and fall. Customers at Walmart can slip on spilled water, milk, juice, or oil. They can also trip over on hard objects that have been left on the ground or on welcome mats on the floor of the entryway.

There are other types of premises liability lawsuits that may arise from broken machinery or poor maintenance. For example, a customer might cut themselves on a sharp broken edge of a sign or shopping cart. Or a customer can also cut himself from broken glass while reaching for a jar of jam.

Another type of premises liability is falling objects that have been placed in a hazardous way on high shelves.

Injuries at Walmart not only happen inside the store but can also occur outside of the store. A slip and fall that occurs on the sidewalk or in the parking lot of the store while on a rainy day or on a snowy pavement or over cracks can also be a cause for action but under certain circumstances.

At times bizarre injuries can occur at Walmart. From births to weddings, hilariously defective products, sexual assault, methamphetamine production, and murder.

At times personal injury claims can have unusual forms but that does not mean that you don’t have the right to sue, you just need an intelligent and skilled attorney at your side.

Types of Compensation in Walmart Injury Cases

There are several types of damages that you can recover in a personal injury lawsuit against Walmart, including medical expenses, lost wages, pain and suffering, and more.

1. Medical Expenses

One of the primary types of compensation in a Walmart injury case is reimbursement for medical expenses. This includes the cost of any medical treatment you received as a result of your injuries, such as:

  • Emergency room visits
  • Hospital stays
  • Surgeries
  • Physical therapy
  • Prescription medications
  • Medical equipment (e.g., crutches, wheelchairs)
  • In-home care or rehabilitation services

To recover these expenses, you will need to provide documentation, such as medical bills and receipts, to prove the cost of your treatment. It is important to keep track of all your medical expenses, even if they are covered by insurance, as they can be used to demonstrate the extent of your injuries and the financial impact of your accident.

2. Lost Wages

If your injuries prevent you from working or cause you to miss work, you may be entitled to compensation for lost wages. This includes any income you would have earned if you had not been injured. To calculate lost wages, you will need to provide documentation of your employment, such as pay stubs or a letter from your employer, as well as evidence of the time you missed from work due to your injuries.

In some cases, you may also be able to recover compensation for lost earning capacity if your injuries result in long-term or permanent disability that affects your ability to earn a living. This type of compensation is typically calculated based on factors such as your age, education, work experience, and the severity of your injuries.

3. Pain and Suffering

Pain and suffering is a non-economic type of compensation that is meant to compensate you for the physical and emotional distress caused by your injuries. This can include physical pain, mental anguish, emotional trauma, and loss of enjoyment of life.

Calculating pain and suffering can be more complex than other types of compensation, as there is no set formula or standard for determining the value of these damages. In general, factors such as the severity of your injuries, the impact on your daily life, and the duration of your recovery will be considered when determining the amount of compensation for pain and suffering.

4. Loss of Consortium

In some cases, the spouse or partner of an injured person may be able to recover compensation for loss of consortium. This type of compensation is meant to compensate the spouse or partner for the loss of companionship, affection, and intimacy that may result from the injured person’s injuries. The amount of compensation for loss of consortium will depend on factors such as the length and quality of the relationship, as well as the impact of the injuries on the couple’s relationship.

5. Punitive Damages

In rare cases, punitive damages may be awarded in a Walmart injury case. Punitive damages are not meant to compensate the injured person but rather to punish the defendant (in this case, Walmart) for particularly egregious or reckless behavior. These damages are generally only awarded in cases where the defendant’s actions were intentional or demonstrated a complete disregard for the safety of others.

If you have been injured in an accident at Walmart, it is important to consult with an experienced personal injury attorney who can help you understand the types of compensation available to you and ensure that you receive the maximum amount of compensation for your injuries. An attorney will be able to evaluate your case, gather evidence, and negotiate with Walmart’s insurance company on your behalf to secure the best possible outcome for your case.

When Can I Sue Walmart?

Walmart owes its customers the highest level of protection. This means that Walmart is expected to take reasonable steps to ensure the safety of its customers.

Walmart will be held liable if:

  • It caused the dangerous situation
  • Knew about the dangerous situation but did nothing to remove it.
  • Should have reasonably known about the dangerous situation.

That is why most stores conduct regular safety inspections to ensure the safety of its customers and to be aware of the dangers on the premises.

To win a lawsuit against Walmart you must prove:

  • Duty: Walmart had a duty to remove a certain danger
  • Breach Of Duty: They breached that duty but failed to do so.
  • Injury: You were harmed
  • Cause: Injury was caused by Walmart’s breach of duty.

What To Do If You Have An Accident At Walmart

Step 1: Seek Medical Attention Immediately. 

  • Your well-being is your first priority even if the injury is not immediately apparent.
  • Receiving a full medical assessment will help prove you have a case to pursue a personal injury lawsuit.

Step 2: Gather Evidence

  • Take pictures after the incident or have a witness do it for you.
  • If you slipped in a puddle then take pictures of the puddle.
  • If something fell from the shelf and hit you then take a picture of the object and the shelf.
  • Take enough photos of the area and close-ups of the dangerous condition from multiple angles.
  • Record the names and contact information of any witnesses.
  • Your clothes may also be useful for any evidence so remember the outfit you wore.
  • Demand a copy of the surveillance tape early on to ensure that the recording shows the negligence of Walmart.
  • File an accident report at Walmart, then speak to an experienced personal injury attorney ASAP
  • Preserve receipts, records, medical treatments, and your doctors’ descriptions of your injuries to use as evidence.
  • Keep a record of any lost wages from work.
  • Keep a record of your day-to-day life.

Step 3: After An Injury Do Not Talk To Walmart

  • Don’t write or sign a statement. Walmart will persuade you to make a statement that can hurt your case.
  • Walmart will do everything in their power to avoid paying for any damages.
  • Do not discuss your case with a casualty claims administrator known as the Claims Management, Inc.
  • Do not settle on an offer.

Step 4: Don’t Wait

  • Get started on the evidence with a well-trained and intelligent attorney.
  • If you wait too long your case will be dismissed by the judge.

Injuries To Walmart Employees

Injuries to Walmart employees typically go through the workers’ compensation claims process. If your employer acted with extreme negligence then you can file a lawsuit against Walmart. To an advantage, Walmart employees do not have to prove that Walmart was negligent in order to receive damages. However, Walmart has the power to pay its injured employees the least amount of money as possible or can deny an employees claim.

Employee’s Legal Rights

Walmart employees, like all workers, have certain legal rights and protections when it comes to workplace injuries. If you are a Walmart employee who has been injured on the job, it is important to understand your rights and the steps you need to take to receive the compensation you deserve.

Workers’ Compensation Benefits

Workers’ compensation is a state-mandated insurance program designed to provide financial assistance to employees who suffer work-related injuries or illnesses. In most cases, Walmart employees who are injured on the job are entitled to workers’ compensation benefits, which can include:

  • Medical expenses: Workers’ compensation covers all reasonable and necessary medical treatments related to your work injury, including doctor visits, hospital stays, medications, and physical therapy.
  • Lost wages: If your injury prevents you from working, workers’ compensation can provide partial wage replacement, typically around two-thirds of your average weekly wage, up to a maximum amount set by your state.
  • Permanent disability benefits: If your injury results in permanent impairment or disability, you may be entitled to additional compensation based on the severity of your condition and its impact on your ability to work.
  • Vocational rehabilitation: If your injury prevents you from returning to your previous job, workers’ compensation may cover the cost of vocational training or education to help you find new employment.

It is important to report your injury to your supervisor as soon as possible and to file a workers’ compensation claim promptly, as there are strict deadlines for filing claims in most states.

Third-Party Liability Claims

In some cases, a Walmart employee’s work-related injury may have been caused by the negligence of a third party, such as a vendor, contractor, or another driver in a vehicle accident. In these situations, you may have the right to file a third-party liability claim in addition to your workers’ compensation claim. This can potentially provide additional compensation for pain and suffering, emotional distress, and other damages not covered by workers’ compensation.

Other Legal Rights and Protections

As a Walmart employee, you are also protected by various federal and state labor laws, which may come into play in the event of a workplace injury. For example:

  • The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for certain medical and family reasons, including recovering from a serious health condition.
  • The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities and requires them to provide reasonable accommodations to help employees perform their job duties.
  • Various state laws may provide additional protections and benefits for injured workers, such as expanded leave or disability benefits.

If you have been injured on the job at Walmart, it is crucial to consult with an experienced workers’ compensation attorney who can help you navigate the complex legal process and ensure you receive the full compensation to which you are entitled.

Understanding Walmart’s Defense Strategies in Personal Injury Cases

If you have been injured at a Walmart store, it is crucial to understand these defense tactics and how your attorney can effectively counter them to ensure a fair settlement.

Denying Liability

One of the most common defense strategies used by Walmart is to deny liability for the accident. This means that the company will argue that it was not responsible for the incident that caused your injuries. Walmart may claim that the hazard was not present long enough for them to be aware of it or that the hazard was open and obvious, and you should have noticed and avoided it.

To counter this defense, your attorney will need to gather evidence to prove that Walmart had a duty of care towards you, that they breached this duty, and that this breach directly led to your injuries. This evidence may include surveillance footage, witness statements, and documentation of similar incidents at the same location.

Comparative Negligence

Walmart may also argue that you were partially at fault for your injuries. This is known as comparative negligence, and it involves assigning a percentage of blame to both parties involved in the accident. If Walmart can prove that you were partially responsible for your injuries, the amount of compensation you receive may be reduced accordingly.

Your attorney will need to gather evidence to show that you were not at fault or that your share of the blame was minimal. They may present evidence that you were acting reasonably and attentively at the time of the accident or that Walmart’s negligence was the primary cause of your injuries.

Pre-existing Conditions

Another defense strategy used by Walmart is to claim that your injuries were not caused by the accident at their store but rather by a pre-existing condition. This means that Walmart will try to argue that your injuries were already present before the incident and that they should not be held responsible for any damages.

To counter this defense, your attorney will need to provide medical records, expert testimony, and other evidence to prove that your injuries were indeed caused by the accident at Walmart. They may also need to establish that even if you had a pre-existing condition, the accident exacerbated the condition and led to additional harm.

Statute of Limitations

Walmart may also attempt to use the statute of limitations as a defense. The statute of limitations is the legal time limit within which you must file your personal injury claim. If you fail to file your claim within this timeframe, Walmart can argue that your case should be dismissed.

Your attorney should be well-versed in the statute of limitations in your jurisdiction and ensure that your claim is filed promptly. If there are any exceptions or extensions to the statute of limitations that apply to your case, your attorney should be able to present these arguments effectively.

Understanding Walmart’s defense strategies in personal injury cases is crucial for building a strong case and achieving a fair settlement. By working with an experienced personal injury attorney, you can ensure that your rights are protected and that you have the best chance of countering Walmart’s tactics.

What to Do If You Slip and Fall at Walmart

Walmart stores have numerous video cameras installed for security reasons. If the store has video evidence of your slip and fall, your lawyer can use it in court. If you are unable to locate the video, you can request to see it.

The next step is to contact Walmart’s insurance carrier. If the store manager does not take responsibility for the incident, then you should contact an attorney to file a lawsuit. An attorney can help you obtain full compensation for your injuries. A Walmart slip and fall lawyer can help you with this process. A lawyer can help you make a strong case and negotiate with Walmart’s insurance company. If the company has failed to compensate you for your injuries, they may try to use intimidation tactics to discourage you from pursuing a lawsuit.

If you slip and fall at Walmart, it is essential that you document the incident. Pictures of the puddle and the area where you slipped are helpful evidence. It may be necessary to take close-up or panoramic photographs. You should also record the names and contact details of witnesses. A witness may help prove that the incident was a result of the store’s negligence.

If you have suffered a slip and fall injury at Walmart, you should contact a skilled and experienced attorney. We have recovered millions for our clients. Call our lawyers today at (713) 999-8669 or schedule a free consultation.

Frequently Asked Questions About Walmart Injury Cases

Q: What is the statute of limitations for filing a Walmart injury lawsuit?

A: The statute of limitations for filing a personal injury lawsuit varies by state. In most states, you have two to three years from the date of the injury to file a lawsuit. It is essential to consult with an attorney as soon as possible to ensure you do not miss the deadline for filing your case.

Q: What is comparative negligence, and how does it affect my Walmart injury case?

A: Comparative negligence is a legal concept that considers the degree of fault of each party involved in an accident. In a Walmart injury case, if you are found to be partially responsible for your injury, your compensation may be reduced by the percentage of your fault. Some states follow a “pure comparative negligence” rule, which allows you to recover damages even if you are 99% at fault, while others follow a “modified comparative negligence” rule, which bars recovery if you are more than 50% at fault. Your attorney can help you understand how comparative negligence may affect your case based on your state’s laws.

Q: Can I still sue Walmart if I did not report the injury to the store immediately?

A: While it is always best to report the injury to the store as soon as possible, failure to do so does not necessarily bar you from pursuing a lawsuit. However, not reporting the injury immediately may make it more challenging to prove your case, as Walmart may argue that your injury was not caused by their negligence. Consult with an attorney to discuss the specific circumstances of your case and the best course of action.

Q: How long does it take to resolve a Walmart injury case?

A: The timeline for resolving a Walmart injury case can vary widely depending on the complexity of the case, the extent of your injuries, and the willingness of both parties to reach a settlement. Some cases may be resolved in a matter of months, while others may take several years to reach a conclusion. Your attorney can give you a more accurate estimate based on the specifics of your case.

Q: Will my Walmart injury case go to trial?

A: Most personal injury cases, including those against Walmart, are settled out of court through negotiations between your attorney and Walmart’s legal team. However, if a fair settlement cannot be reached, your attorney may recommend taking your case to trial. In either scenario, it is crucial to have an experienced attorney representing your interests and fighting for the compensation you deserve.

Q: What if I cannot afford an attorney for my Walmart injury case?

A: Many personal injury attorneys work on a contingency fee basis, which means that they only get paid if they successfully recover compensation for you. This arrangement allows you to pursue your case without worrying about upfront legal fees. Be sure to discuss the attorney’s fee structure during your initial consultation to ensure you understand the terms of representation.

Share this article:

Adley Law Firm

Get a FREE consultation with an Experienced Attorney

Need help with your case? Get a one-on-one consultation with an experienced attorney.  Simply fill out the form below for a call back.