Florida personal injury lawyer, Guy S. DiMartino, discusses the process of making a personal injury claim against Wal-Mart in Florida.
Wal-Mart is the largest retailer in the US. Its stores are large, have a lot of customers and sometimes have dangerous conditions that cause injury. Over the years I have assisted folks who were injured the following ways in a Wal-Mart:
- Slip and fall because of something that was left on the floor
- An item falling off of a shelf and injuring a customer
- A problem with door mats
- Problems with displays
- Problems with shelving
Making a claim against Wal-Mart
Wal-Mart is very savvy. It has its own risk management and claims adjusting company called “Claims Management” in Arkansas. Wal-Mart is pretty much self-insured for most claims so you have to remember that it is the Company's money, not an insurance company's money that will be paid out on the claim.
Over the years, Wal-Mart has been much fairer with customers who have been injured. In my earlier years of practice, Wal-Mart would pay no claims and refuse to partake in the litigation process. This caused the company to be sanctioned by a number of trial courts throughout the US. Things are different now, if Wal-Mart believes it did something wrong and the client's claim is for real, it will attempt to resolve the claim.
If you're injured in a Wal-Mart Store – make sure you:
- Report the claim to the store manager
- Show the store manager exactly what happened and why you fell
- Fill out an accident report and make sure the manager writes his/her name on the document as well as the name of the associates that assisted you
- Ask the store manager to take pictures of the scene
- Get the names and contact information of any folks who may have witnessed the incident
- Listen to the things that the associates say to each other and/or the manager – many times they will say things that will help your claim
- DO NOT MAKE THE INCIDENT UP – ODDS ARE THE INCIDENT WILL BE ON VIDEO SURVEILLANCE
Settling a personal injury claim with Wal-Mart
If Wal-Mart believes the client's story, it will attempt to resolve the matter. However, Wal-Mart will not offer top dollar during the claims process. Sometimes it is necessary to file a lawsuit, go through discovery, and sometimes go to trial to get fair value on a Wal-Mart case.
If you have any questions about a personal injury claim against Wal-Mart, you can call me directly on my cell phone at (352) 267-9168 or you can fill out the internet consultation form on the right.