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Making a Personal Injury Claim Against Wal-Mart in Florida

Posted by Guy DiMartino | Apr 18, 2013 | 0 Comments

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.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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