• Jan 15, 2024|
  • Posted by: Michael Francis|
  • Read Time: 7 minutes

If you or a loved one suffered an injury in a slip and fall accident, you must keep an eye on the legal process. No matter your physical condition, the legal proceedings will not pause, and you must take steps towards financial compensation. The claims process will take a lot of work, and you will face challenges while dealing with physical injuries.

Getting the compensation you deserve in a slip-and-fall case is virtually impossible without hiring an experienced Dallas personal injury lawyer. Presenting your claim may have little impact unless Walmart realizes you have the heft behind you to make it pay for what it did (or did not do).

There is an entire process that you must go through before you can receive compensation for your injuries, and the ups and downs will be far more difficult if you do not have a slip-and-fall lawyer. You can hit a brick wall early when Walmart refuses to pay any claim.

Walmart will never take you seriously if you try to file a slip-and-fall claim on your own. The company typically handles its claims through its insurance entity, yet too many people approach it like any other insurance claim, not expecting it to be biased in Walmart's favor

Insurance companies may say that you need more proof to show legal responsibility. Alternatively, they can claim you were to blame for your injuries. Either way, you cannot expect an objective and balanced response to your claim.

Slip and Fall Accidents Happen Far Too Often at Walmart

Experience Lawyer for slip and fall accident

Slip and fall accidents are entirely too common. Millions of people are hurt each year in a fall, and many of these incidents are someone else's fault.

The responsible parties often have insurance coverage, and their carriers want to avoid making good on the legal obligation to pay you damages.

Even if an insurance company does try to pay you something, it will seem like a pittance - far less than what you should receive in light of your damages.

Walmart is a place that has particular dangers for slip and fall injuries. These are massive stores, and no matter how many employees are working (and Walmarts are understaffed these days), it is tough for the store to monitor all dangers and fix them within a reasonable amount of time. These hazards include spills in the aisle and debris left in dangerous places.

Injuries From Slip and Falls Can Be Serious and Costly

Injuries resulting from slip and fall accidents can have surprisingly serious and costly implications, often extending beyond the immediate physical pain. These incidents, though seemingly common, can lead to severe consequences for your life.

Physical Injuries

Slips and falls can cause a range of physical injuries, from sprained ankles and fractures to more severe injuries like head trauma or spinal cord damage. The severity often depends on factors such as the height of the fall, the surface landed on, and the age and health of the individual.

Medical Expenses

The aftermath of a slip and fall often involves medical expenses. Emergency room visits, diagnostic tests, surgeries, rehabilitation, and ongoing treatments can accumulate substantial costs. These expenses not only affect the injured individual but can also place a financial burden on their families.

Lost Income

Recovery from a slip and fall may require time away from work, leading to lost income. For some individuals, especially those in physically demanding occupations, returning to work may be delayed or may not be possible at all, impacting their earning potential in the long run.

Pain and Suffering

Beyond physical injuries, slip and falls can cause emotional distress and psychological trauma. Pain and suffering resulting from the incident can lead to a diminished quality of life, affecting daily activities and overall well-being.

Rehabilitation and Lifestyle Adjustments

Severe injuries may necessitate long-term rehabilitation and lifestyle adjustments. This may include physical therapy, assistive devices, and modifications to living spaces to accommodate new mobility challenges. Such changes can be emotionally and financially taxing.

Impact on Relationships

Injuries from slip and falls can strain relationships with family and friends. The injured person may require additional support, and caregivers may face challenges in adapting to the new circumstances.

Long-Term Consequences

For some individuals, the consequences of a slip and fall can be long-lasting. Chronic pain, permanent disabilities, and altered lifestyles become enduring challenges that reshape the trajectory of their lives.

The serious and costly nature of slip and fall injuries makes it more important to have the right legal representation from the start of the claim process. You need to obtain full compensation so you do not bear the financial burden of your slip and fall injury when Walmart was responsible.

You Must Prove the Walmart Was Negligent

In any slip and fall case, you must prove that someone else was negligent. When you are on someone else's property, the owner owes you a duty of care and must act reasonably. If they fail to do so, they can be legally responsible if their actions cause your injuries.

In the slip-and-fall context, the reasonable property owner:

  • Will not do anything to create dangerous conditions on their property, such as leaving debris or equipment in the middle of a walking path
  • Will remedy dangerous conditions that others create within a reasonable amount of time after they knew or should have known of the defect

The property owner's role is not to guarantee your safety when you are on their property, but they must take reasonable measures to provide a safe environment. There is a fine line between something truly an accident and something that happened because of another person's careless actions.

Walmart Will Often Deny Responsibility for Your Injuries

Walmart will do everything possible to take advantage of that gray area between accident and carelessness to deny you compensation. You have an affirmative burden of proof that you must meet, showing that your allegations are more likely than not to have happened. You must compile evidence that shows what the property owner did or did not do and compare it to what the reasonable property owner would have done.

Proving your case is the most important function that your slip-and-fall lawyer will perform. Then, you will be in a position where you can start negotiating compensation.

Documenting Your Slip and Fall Case Can Be a Challenge

You are starting your slip-and-fall case at a disadvantage. When you search for what to do after a slip and fall accident, you probably see many urging you to take as many pictures as possible. Realistically, you may not have a chance to do that at the scene of your fall, especially if you suffered a severe injury.

You often work backward after the incident to assemble proof of negligence. By then, many traditional forms of evidence might be gone, and you can expect the property owner to do everything possible to fix the dangerous condition. Still, you must gather as much evidence as possible to show the insurance company that you deserve compensation.

How an Attorney Can Help Document Your Walmart Slip and Fall Case?

An attorney will immediately get to work to assemble the case and the proof you need by:

  • Speaking to witnesses and learn what they saw, both before your accident and at the time you fell
  • Obtaining any pictures from the scene that can show the dangerous condition
  • Obtaining any video camera footage that can replay the fall or what the hazardous conditions were
  • Obtaining documentation that can show that the area was not properly inspected or maintained

Again, your obligation is not necessarily to prove what the property owner knew at the time of the incident. You can meet your burden of proof by showing what they should have known under the circumstances.

You May Need to File a Lawsuit to Get Some Slip and Fall Evidence

You may only get your hands on some of this evidence. The property owner is the one who has the camera footage and the maintenance logs, and they will certainly not simply hand everything over to you.

An attorney may advise you to file a lawsuit to begin the process that can lead to your discovery of evidence. You have the right to request relevant evidence in the other party's hands, and they will have to turn over camera footage, even if it shows that they were negligent.

You May Recover More Compensation From Walmart Than You Think

Many of the injuries in a slip and fall accident happen to the hip or the head area. Broken hips can significantly impact your life, no matter your age. Head injuries can result in brain damage that may change the course of your life. In other words, your slip-and-fall compensation may be much higher than you think.

Walmart may see the value of your claim and use that information to its advantage if you do not know how much to seek in your case. Without this knowledge, you will be happy taking less than you may have gotten had you fought. A lawyer will ensure you know how much your case is worth and will fight for every dollar.

You Will Need to Negotiate with a Tight-Fisted Walmart

Even when you can show that Walmart was to blame, the initial settlement offer will not be much and will bear minimal relation to reality. You will likely need to reject it and demand what you deserve. Then, you will go through an entire negotiation process that can get you closer to an agreement.

If Walmart denies your claim or will not pay you enough, you must take your case to court. In some cases, the prospect of facing a jury is enough to make Walmart pay up, mainly when you have gathered convincing evidence in the discovery phase.

You Need an Experienced Slip and Fall Attorney to Get the Best Results

An attorney's presence means a much better chance that your slip-and-fall case may yield the result you want and deserve. Insurance companies will never take you seriously if you do not have a lawyer.

Insurance companies understand one primary language: the threat of litigation. Companies like Walmart regard defending lawsuits as a significant business cost and will pay the attorneys no matter what happens. Walmart also knows it loses all control of the case when it goes to a jury, and while litigation might occur, it is not a preferred course of action.

Walmart Has Its Own Attorneys Protecting the Company

There is nothing that says your slip-and-fall case will end up in litigation, and very few personal injury cases will ever go to trial. Nonetheless, you must be ready to go far when you file a personal injury claim. If not, you may have to do away with a rejected claim or settle your case for practically nothing.

You can rest assured that Walmart has its own attorneys working hard to protect it from liability at all costs. However much money Walmart has at its disposal, you have the law on your side when carelessness was to blame for your injury. Nonetheless, you must hire an attorney to level the playing field between you and a massive company with unlimited resources. Walmart cannot disrespect your legal rights when you have an attorney fighting for them.

Paying for a Slip and Fall Lawyer Should Never Be a Concern

While there are many things that you need to worry about during the personal injury claims process, the one concern that you should not have is how you will pay your lawyer.

A personal injury lawyer will work for you on a contingency basis. While this differs from working for free, you will only owe your lawyer money once you win your case through a settlement or jury award. You will not have to come up with anything from your pocket to get legal help.

Seek your free consultation with a slip-and-fall attorney today.

Author Photo

Michael Francis

Michael Francis is the founding partner of the Francis Firm and Flynn & Francis, LLP and has spent more than twenty-five years litigating personal injury and commercial litigation cases throughout the state of Texas and across the country. He is Board Certified in Personal Injury by the Texas Board of Legal Specialization.

Michael focuses his legal practice on personal injury and business litigation cases, with a particular emphasis on trucking, motor vehicle and complex commercial litigation matters. Michael has more than twenty-five years of experience litigating cases throughout the State of Texas, against many of the largest corporations and insurance companies. He has secured verdicts and settlements for clients in excess of $20,000,000.