As the world’s most popular retail store, Walmart has more than 4,600 stores across the U.S. With each store being a giant warehouse with multiple departments, slip and fall accidents at Walmart are nearly inevitable. However, this massive chain is still responsible for keeping its stores safe and hazard-free. Failure to keep the premises reasonably free from preventable risks makes stores like Walmart liable for an accident victim’s injuries.
You need a slip and fall accident attorney if you have suffered an injury in a slip and fall accident at Walmart. This company, in particular, can be a formidable opponent in accident and injury claims. Continue reading to learn why you need a lawyer after a slip and fall at Walmart. If you have injuries, never wait to consult a slip and fall lawyer near you for free about your claim.
What Is a Slip and Fall Lawsuit?
A slip and fall lawsuit is a legal cause of action brought by someone injured after a slip, trip, or fall while on someone else’s property. Slip and fall accidents usually happen when dangerous conditions are present, like obstruction in walkways, inadequate lighting, uneven surfaces, or wet floors.
The key components or stages of a slip and fall lawsuit include the following.
- Filing an insurance claim
- Filing a lawsuit
- Discovery
- Settlement negotiations
- Trial
- Verdict and judgment
A slip and fall accident attorney is crucial in guiding the victim through the legal process and advocating for the plaintiff’s right to pursue and secure fair compensation for injuries and losses.
Why Do I Need An Attorney?
Both premises liability law and attempting to sue a large company like Walmart are monumental tasks. After an accident, you need an attorney to help you get the best results.
Knowledge of Premises Liability
Getting the financial recovery you deserve after a slip and fall accident at Walmart requires extensive knowledge of premises liability laws. An attorney experienced in this area of the law has the knowledge that you need to be successful with your claim.
A slip and fall accident lawyer understands the statutes and other legal principles applicable to your case. An attorney can help evaluate whether Walmart was negligent by failing to maintain a safe shopping environment and if they breached their duty of care to you as a customer.
Offer Legal Advice
Having an attorney means you will have a reliable source of information during your case. A premises liability lawyer will explain your options, explain your rights, keep you informed about the progress of your case, and answer all your questions.
Attorneys understand the complexities of this area of the law. They will help prove each element of a slip and fall case, including determining whether Walmart owed a duty of care to you, if they breached the duty, and if the breach caused your damages.
Investigation And Evidence Gathering
Attorneys have the experience and resources to help you investigate and recover crucial evidence that can help support your slip and fall claim. Examples of helpful evidence in slip and fall cases include the following.
- Maintenance records
- Witness statements
- Surveillance footage
- Incident reports
Dealing With Insurance Companies
Dealing with large insurance companies can feel overwhelming if you are trying to handle your case alone. An attorney can help stand up against Walmart’s insurance company if they try to minimize their liability or offer a lowball settlement offer. A premises liability attorney can handle all communications with the insurance company, protect your legal rights, and receive compensation for lost income, medical bills, pain and suffering, and other accident-related damages.
Determining Liability
Big chain stores will fight against accepting liability after a slip and fall accident. While evaluating the accident’s facts, your lawyer can help determine whether Walmart or a third party (like a maintenance company, cleaning crew, etc.) is responsible for causing your injuries. During their evaluation, your lawyer will closely review factors like negligence, evidence of dangerous conditions, failure to warn of hazards, or failure to correct any dangerous conditions.
Navigate The Legal Process
The legal process can often feel confusing and daunting. These feelings can be stronger if you have no legal experience. A premises liability attorney will help guide you through the legal process. Some of the most helpful ways attorneys help premises liability clients include helping you understand your legal options, meeting deadlines, and filing paperwork.
Help Maximize Compensation
An attorney can accurately assess the facts of your case and help identify all of your damages. Evaluation of your accident can help you understand the total value of your claim. Your claim’s value is typically based on the severity of your injuries and the cost of medical treatment, among other damages.
Litigation Representation
If your case cannot be settled during the negotiation phase, then your case may continue to trial. An attorney will help prepare and persuasively present your case to a jury or judge. It is important that the evidence and arguments are presented in a helpful way that will support your compensation claim.
Hiring a premises liability accident attorney after a slip and fall at Walmart can significantly increase your chances of receiving the full and fair compensation you deserve. An attorney can answer your questions and provide guidance and support as you navigate the complexities of premises liability law.
Attorneys provide their clients invaluable support while protecting their legal rights after an accident. Being represented by an attorney gives you the best opportunity to recover damages for accident-related injuries and losses.
What Do I Need to Prove To Win a Slip and Fall Case?
Any slip and fall accident victim must show that there is evidence of each element of a negligence case. To recover compensation for negligence, you and your attorney will work to prove the elements, including duty, breach, causation, and damages.
Duty
Slip and fall plaintiffs must show that Walmart owed them a duty. As a Walmart customer, you are an invitee to the premises. An invitee is someone who enters someone else’s property for business purposes. As long as you remain on Walmart’s property, the law requires Walmart to protect you from unreasonable risk of injury.
Breach
Breach of duty of care must be proven to win a slip and fall accident case. A defendant breached their duty when they either knew or should have known about a dangerous condition and failed to fix the condition.
Causation
To win your case, you must prove that there is a direct link between Walmart’s breach of their duty of care and your slip and fall accident. Typically, that means that the plaintiff must show that the property’s dangerous condition was the reason the accident happened.
Damages
You must show that you suffered damage after an accident. Damages can include medical expenses, property damage, long-term care costs, and other injuries or losses. Keep in mind that even if you can prove each of the other elements of a negligence claim, if you did not suffer any damages, you do not have a viable claim.
What Evidence Will Support My Slip And Fall Claim?
You will need evidence to support your claim for damages after a slip and fall accident. Examples of evidence that can strengthen your case include the following.
- Witness statements
- Photographs and videos of the accident and your injuries
- Maintenance records
Working closely with your attorney is the best way to collect and present evidence that will support your claim. Contact an attorney immediately after a slip and fall accident at Walmart.
Potential Compensation for Slip and Fall Accident Cases
There are various types of compensation available after a slip and fall accident. The final monetary value of your accident claim is based on the facts surrounding the accident. Some common types of damages that slip and fall plaintiffs might be entitled to recover include the following.
Economic Losses
Plaintiffs may be entitled to recover economic damages after an accident. Economic damages include tangible losses an accident victim suffers because of someone else’s negligence. For example, economic losses can include medical expenses, long-term care costs, property damage, lost income, and lost earning capacity.
Non-Economic Losses
Non-economic losses include intangible damages that victims face after an accident. Non-economic damages are often hard to prove, so working with an attorney is the best way to ensure that these losses are included in your final settlement. Non-economic damages can include inconvenience, embarrassment, loss of enjoyment, and reduced quality of life.
Punitive Damages
Punitive damages are available on a case-by-case basis. Punitive damages do not compensate victims for their losses, but these damages are awarded to plaintiffs to further punish the defendant. The purpose of a punitive damages award is to deter the defendant from acting in a similarly outrageous way in the future. Work with your slip and fall accident lawyer to understand the potential availability of punitive damages in your case against Walmart.
Working with an attorney as you pursue compensation is the best way to set yourself up for success. Speak to an attorney to ensure you recover a full and fair settlement after an accident.
Common Injuries Suffered After a Slip And Fall At Walmart
A slip and fall accident at Walmart can result in the full range of injuries to the victim. Examples of common injuries include the following.
- Soft tissue injuries
- Spinal cord injuries
- Head injuries
- Broken bones
How Long Do I Have to Sue for a Slip and Fall Accident?
Injured plaintiffs do not have unlimited time to file an insurance claim or a personal injury lawsuit after a slip and fall accident. Every plaintiff must meet the applicable statute of limitations. The statute of limitations is a deadline set by law that limits the amount of time that a slip and fall plaintiff may pursue compensation for their accident-related losses. Complying with the statute of limitations and other procedural rules is easier with the help of an attorney. Your lawyer will help protect your case from dismissal for breaking a procedural rule like the statute of limitations.
How Can a Slip and Fall Attorney Help Me?
Having legal representation increases your odds of receiving financial compensation after an accident. Here are some practical ways a slip and fall attorney can help you after an injury.
Settlement Negotiations
Many slip and fall accidents are resolved through settlement negotiations. During the settlement negotiations phase, the plaintiff, defendant, insurance company, and their respective legal representatives discuss the case facts and potential compensation. Having an attorney speak with the insurance company helps prevent falling victim to common bad-faith negotiation tactics from insurance companies and lowball settlement offers.
Litigation Representation
If your case is not settled during negotiation, your attorney might file a personal injury lawsuit against Walmart. Walmart has strong legal representation, so you need your own legal team. Having an attorney means that you have an experienced legal advocate working on your behalf, persuasively presenting evidence, and making sure that Walmart’s corporate lawyers do not steamroll you.
Give Legal Advice
Slip and fall accidents are serious legal matters, but things can get especially complicated when the defendant is Walmart. After an accident at Walmart, you will undoubtedly have many questions about how to best protect your legal rights. An attorney is a wonderful source of support and guidance after an accident. Having a lawyer is the best way to avoid wondering if you are making the best decisions for yourself during the accident process.
Contact a Slip and Fall Attorney Today!
You need an attorney if you have suffered an injury in a slip and fall accident at Walmart. An attorney is the best way to protect your legal rights after an accident. Suing a massive company like Walmart can feel impossible to do alone. However, you deserve to hold defendants accountable when they cause an accident, even if it is an international company like Walmart. Speak to a personal injury attorney immediately after suffering injuries and other losses after a slip and fall accident in Walmart.
Pierre Prialé
Founder and CEO
Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.
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