How Do I Sue My Walmart for a Slip and Fall?

slip and fall

Walmart is one of the biggest retailers in the country. Locations span an average of more than 100,000 square feet, providing plenty of opportunities for mishaps. If you suffered a slip and fall accident at Walmart, you might be entitled to compensation. 

Difficulties proving a slip and fall claim against Walmart can arise in a number of ways. It is important to seek professional legal counsel if you are dealing with a slip and fall claim against Walmart. They are a big company, which means they have a lot of resources to help them avoid paying you the compensation you deserve. 

Suing Walmart After a Slip and Fall: Key Points to Know

If you are wondering how to sue Walmart for a slip and fall, the answer starts with the evidence gathered right after you fall. Walmart manages its own claims, so a well-documented case matters.

Key Takeaways

  • Gather evidence at the scene. Photograph the hazard that caused your fall, such as a wet floor from a leaking freezer, and get written statements and contact information from witnesses.
  • Report the fall and get medical care. Tell a store manager so an accident report is filed, request a copy, and see a doctor promptly, even if your injuries seem minor.
  • Walmart insures itself. Because Walmart pays injury claims out of its own pocket, it has a financial incentive to dispute responsibility for your fall.
  • Watch what you say. Avoid any statement that suggests you were at fault, including admitting you were not watching where you walked, especially on a recorded call.
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Average Settlement for Walmart Slip and Fall

Slip and falls can be very serious. According to the Center for Disease Control and Prevention, one in five falls causes a serious injury such as a broken bone or head injury. Falls are the most common cause of traumatic brain injuries (TBI), and over 800,000 patients a year are hospitalized because of a fall injury.  

Because each accident is unique, there is no average settlement for Walmart slip and fall claims. The amount of compensation you might receive depends on the circumstances and seriousness of your injury.

Hurt in a Fall at a Big-Box Store? Let’s Get You Answers.

A slip and fall can leave you with painful injuries, mounting medical bills, and a large corporation on the other side. Henderson Law will listen to what happened, explain your options in plain terms, and help you pursue the compensation you need.

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How to File an Injury Claim Against Walmart for Slip and Fall

Before you file a slip and fall injury claim against Walmart, you should seek experienced legal counsel. It is easy to make costly mistakes if you handle your claim on your own. These mistakes can prevent you from receiving all the compensation you deserve or completely prevent you from recovering any compensation at all.   

Henderson Law has been representing personal injury victims for over 30 years and understands what it takes to stand up to big companies like Walmart. Here are some important steps to take following a Walmart slip and fall. 

Talk to Witnesses Who Saw the Accident Happen 

Witness statements will help you obtain evidence needed to sue Walmart for a slip and fall. Ask the witnesses to provide a written statement detailing the accident and everything they saw. Make sure to get their names and contact information along with the statements so they can be contacted later if needed. 

Take Photos of the Scene of the Accident 

Any time you suffer an accident, whether it is a slip and fall, a car accident, or some other type of accident, it is a good idea to take photos of the scene. Be sure to take photos of the specific cause of your accident. For example, if you fell in the grocery section because a freezer was leaking, you should get a photo of the wet floor where you slipped. 

Look for Security Cameras

Most big stores like Walmart have security cameras. While those cameras are primarily there to prevent theft, they might also provide useful evidence for your slip and fall claim. Your attorney can request the security footage from the store. Security camera footage can be useful during settlement negotiations or at trial.

Notify a Store Manager

The store needs to know about the injury so they can file an accident report. Give them details about the accident but make sure you do not take any responsibility. You will need a copy of this report when you file your claim. 

Seek Medical Attention

Your injuries will need to be verified by a medical professional. Make sure to get seen as soon as possible. Even if you don’t think you’re seriously injured, it’s best to seek medical attention because some injuries may not be immediately apparent. Keep track of all the costs associated with your care and treatment by keeping all of your bills and receipts. 

Contact the Walmart Claim Department

Your likelihood of filing a successful claim against Walmart is a lot higher with the help of an attorney. Each situation is different, and the team at Henderson Law Firm can help you come up with the best strategy for your claim. 

When you are ready to file a claim, have your attorney contact the Walmart Claim Department at 1-800-527-0566 and say you wish to file a slip and fall injury claim. Walmart is unique because it insures itself rather than being insured through a third-party provider. This means it has a lot of control over the claims process. If you make this call yourself or speak to a Walmart representative of any sort, make sure you do not say anything to imply you were at fault. Even admitting you weren’t paying attention to where you were walking can be used against you later on, especially if you allow it to be recorded.

Injured in a Walmart Slip and Fall? Get a Free Case Evaluation

Difficulties Proving a Slip and Fall Claim Against Walmart

Walmart provides its own liability insurance for personal injury. In most cases, retailers purchase liability insurance from third-party insurers that will cover the costs if someone is injured in their store. This type of insurance protects the company from having to pay out of pocket. 

Walmart has its own insurance company to handle liability claims, which means they pay out of pocket for things like slip and fall injuries. They have a financial incentive to make it difficult to prove they were responsible for your slip and fall injury. 

You may be wondering, Will Walmart take me to court? That depends on the strength of your case and if they think they can win in a courtroom. In an ideal situation, they will offer you a fair settlement so you can avoid litigation. Your attorney can calculate your damages, including future expenses, and help you decide if a settlement offer will fairly compensate you. 

Before You Talk to Walmart’s Claims Team, Talk to Us

Walmart handles its own injury claims, and anything you say can be used to limit what it pays. Talk with a California slip and fall attorney who will answer your questions, protect your claim, and help you decide your next step.

 As for the length of time for Walmart to settle, that will also be different in every case. 

Let an Experienced Attorney Fight for What You Deserve

You do not want to take on Walmart by yourself. They are well-equipped to defend themselves against personal injury claims. Henderson Law is not afraid of facing big companies like Walmart. We have decades of personal injury experience and have secured tens of millions of dollars in compensation for our clients. We are happy to guide you through the difficulties proving a slip and fall claim against Walmart and help you receive the compensation you deserve. Contact us today to schedule a free case consultation.

Walmart Slip and Fall Claims: Common Questions

How do you sue Walmart for a slip and fall? It depends on the evidence and the seriousness of your injuries. Here are answers to the questions injured shoppers ask most.

Start by documenting the fall: photograph the hazard, collect witness statements, report the incident to a store manager, and get medical care. Your attorney can then request security footage, file a claim with Walmart’s claims department, and take the case to court if Walmart will not offer a fair settlement.

There is no average settlement for Walmart slip and fall claims because every case is different. The value of your claim depends on the circumstances of the fall and the seriousness of your injuries, including medical bills, lost wages, and future expenses. An attorney can calculate your damages and evaluate any offer.

Walmart insures itself rather than using a third-party insurer, so it pays injury claims out of its own pocket and controls much of the claims process. That gives it a financial incentive to dispute fault. Strong evidence, such as photos, witness statements, and security footage, helps show the store was responsible.

It depends on the strength of your case and whether Walmart believes it can win at trial. Ideally, Walmart offers a fair settlement and you avoid litigation, but the company is well equipped to defend itself. An attorney can calculate your damages, including future expenses, and help you decide whether an offer is fair.

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