How to File a Slip-and-Fall Claim Against Walmart

If you were injured in a slip-and-fall accident at Walmart, you have a right to sue.

The law says that Walmart is required to provide a safe environment for its customers, and victims can recover substantial amounts of money for their injuries. Past slip and fall claims against Walmart have been awarded $540,000 or more.

To obtain a fair settlement, an Atlanta slip and fall lawyer may be necessary. Learn how to file a slip and fall claim against retail giant Walmart with the aid of a successful personal injury law firm.

You Shouldn’t Face Walmart on Your Own

Walmart is one of the most difficult companies to sue or to recover money from. This is for a few reasons:

1. It’s big. You may know that Walmart is the biggest retailer in the country. What you may not know is that the bigger a retail chain is, the harder it is to sue. They simply have the resources for some of the best defense lawyers available.
2. Walmart self-insures. Most businesses pay for liability insurance from a third-party insurance company. In other words, any slip and fall claims are paid by their insurer, not by the store. But Walmart is different. It’s so big it created its own company to handle liability claims. So it’s Walmart’s own money that’s on the hook. They will fight every step to pay as little as possible—or nothing at all.
3. Walmart is aggressive. The reason they offer prices so low is that they are iron negotiators with all of their suppliers. They’re no different when dealing with insurance claims. Part of their strategy is to make it hard to get money out of them so that fewer people will try it.

That doesn’t mean you should give up. You can still file a slip and fall claim against Walmart and win. With the help of a premises liability lawyer in Atlanta, you could win a lucrative settlement from your personal injury lawsuit. 

Step #1: Finding an Experienced Lawyer Who’s Not Afraid to Stand up to Walmart

Since Walmart defends tooth and nail against every claim, you need legal representation that’s more than just competent. There are a lot of attorneys who would like to take on Walmart in court, but not many with a track record of bringing home settlements from large retailers. When it comes to choosing a lawyer, experience matters.

Your lawyer will help you:

• Determine if your injury is a valid claim, and how Walmart was negligent in your case
• Build a base of evidence to prove your claim—so that Walmart is afraid of going to court
• Handle Walmart personally so that you don’t have to deal directly with their aggressive claims representatives or attorneys

But the biggest job of your attorney is to negotiate. There’s a saying in personal injury law that “everything is negotiable.” With Walmart, that means not only coming up with hard evidence but also cutting through aggressive tactics at the bargaining table and pushing Walmart to pay what it owes.

Step #2: You Need Documentation

Because Walmart has such a strong legal team, there needs to be documentation backing up every fact in your claim. Your lawyer will work with you to make sure you have all the documentation you need before you file. This documentation may include:

• Photos or surveillance footage of the scene of the accident (taken at the time of the accident, if possible)
• Statements from other customers who witnessed what happened or saw the hazard that caused your fall
• Medical records showing a diagnosis of your injuries from your doctor
• Medical bills showing how much your treatment cost you or will cost you over time
• Work records showing time you missed because of your accident
• Evidence drawn from Walmart’s own public records—or past legal cases—showing that they knew about the hazard you slipped on.

This last item is often the most important. For example, one of Walmart’s own training videos was used against them to prove that their door mats were slippery in a past slip and fall case.

A good lawyer will put in hours of research time to make an airtight slip and fall case against Walmart—and they will not charge you by the hour.

Step #3: File a Formal Claim

Ideally, when you were injured, you told store managers what had happened. This creates an immediate record of the slip and fall so that the store can’t claim you’re making it up later or getting details wrong.

However, telling the store manager is just an informal step, and you can still file a claim if you didn’t report it right away. Your lawyer will file a formal claim with Walmart’s liability company, citing the date of the incident, which store it happened at, and what exactly happened.

This claim will give a detailed description of how you were injured and why it’s Walmart’s fault. It will also state the amount of your damages and how much you are requesting.

The Two Most Likely Responses You’ll Receive From Walmart

Your initial claim gives Walmart a chance to respond. Their most likely responses are:

1. To deny liability, and claim they don’t owe anything
2. To make an offer that’s much lower than what you deserve

Don’t be rattled by this initial response. It’s normal, and it means your lawyer will now do what they do best: forcing Walmart to negotiate.

How to Know if Your Walmart Slip and Fall Claim is Valid

To assess the validity of your Walmart slip and fall claim and navigate the legal process effectively, consulting with a qualified Atlanta personal injury lawyer is highly recommended. The following elements must be present for your personal injury claim to be successful:

Duty of Care

Walmart, as a property owner, has a legal obligation to maintain a safe environment for its customers. They must exercise reasonable care in preventing and addressing hazardous conditions that could cause injuries.

A Dangerous Condition Was Present

If there was a dangerous condition, such as a wet floor, that caused your slip and fall accident, it may be a valid basis for your claim. Establishing that Walmart knew or should have known about the dangerous condition is crucial.

An Accident Report Was Filed

It is important to report the incident to Walmart as soon as possible. Requesting an accident report and ensuring it accurately reflects the details of the incident can provide essential documentation for your claim.

You Have Diagnosed Injuries

Slip and fall accidents can result in various injuries, including broken bones, spinal cord injuries, sprains, or strains. The severity and extent of your injuries will impact the value of your claim.

The Statute of Limitations Hasn’t Lapsed Yet

Each state has a statute of limitations, which is the time limit within which you must file a lawsuit. Understanding and adhering to Georgia’s statute of limitations for personal injuries (Georgia Code § 9-3-33) is crucial to preserving your right to pursue a claim.

How Much Will Walmart Award for a Slip and Fall Settlement?

The amount that Walmart may award for a slip and fall settlement in premises liability claims can vary widely depending on several factors. As a retail giant, Walmart has the resources to offer significant settlements. However, there is no fixed amount or guarantee. The following factors can influence the value of a slip and fall settlement:

1. Medical care: The cost of medical care, including hospital bills, surgeries, physical therapy, prescription drugs, and ongoing treatment, will be considered when calculating the settlement amount.
2. Loss of income: If the slip and fall accident resulted in a loss of income or the inability to work due to injuries, the settlement may include compensation for lost wages and potential future earnings.
3. Non-Economic damages: Slip and fall settlements may also include compensation for non-economic damages, such as pain and suffering, emotional distress, loss of consortium, and loss of quality of life. These damages can be more challenging to quantify but are essential in seeking full and fair compensation.

Knowing how to file a slip and fall claim against Walmart is just the beginning. Having an experienced personal injury attorney representing you will reveal all of the processes and decisions that go into getting you the fair compensation you deserve.

Don’t Leave Your Walmart Slip-and-Fall Injury to Chance

Don’t get stuck with medical bills you don’t deserve—or a serious long-term injury. Call us or fill out the form to your right and get your FREE consultation with our skilled personal injury attorneys today.