Walmart Injury and Accident Claims in Florida

Walmart Accident Settlements : Injuries : Slip Trip Fall
Learn if you have a Florida Walmart injury case.

Walmart’s negligence may cause your injury in Florida.  If so, you may be able to recover money for your damages (e.g. medical bills, lost wages, pain, suffering, mental anguish, etc.).

This article is about general accident claims, other than slip and falls, against Walmart in Florida.  I wrote separates articles on:

This article may also apply to injury claims against Sam’s Club (owned by Walmart).  It also applies to other Florida discount department stores, warehouse stores and other stores.  However, I focus on Walmart.

Let’s take a look at few personal injury cases against Walmart.

Freeman v. Wal-Mart Stores East, LP, Dist. Court, MD Florida 2014 (Coming Soon)

Martino v. Wal-Mart Stores, Inc., 908 So.2d 342, 346 (Fla.2005)

In MartinoRonna Martino sued Wal-mart Stores, Inc.  The case was appealed to Florida’s Supreme Court.

The court issued an opinion in 2005.  This case is still good law so you should know it.

West Palm Beach, Florida attorneys represented the injured woman.  A Coral Gables, Florida lawyer represented Walmart.

The personal injury claims and verdicts in this article are not mine unless I say that they are.

FACTS

In March 1997, Ronna Martino (Martino) went to a Wal-Mart store in Royal Palm Beach. In addition to other items, Martino placed two forty-pound bags of salt in her shopping cart.

When checking out, Martino placed all of her items except the bags of salt on the counter for the cashier. According to Martino, the cashier then asked Martino to lift up the bags of salt so that the cashier could scan the price code.

Martino attempted to comply with the cashier’s request, placing one bag of salt on the top of the shopping cart where a child would sit. As she placed the salt on top of the shopping cart, the cart collapsed, and Martino injured her arm. Martino then completed the sale and went home.

Martino said that once she returned home, she called the Wal-Mart store and asked to speak to the manager. Her call was answered by the assistant manager, who advised her to go to the hospital to have her arm checked and then return to Wal-Mart to fill out an incident report.

Martino said that during the conversation with Wal-Mart’s assistant manager, Martino informed him where he could find the shopping cart in the parking lot.

After her visit to the hospital, Martino returned to Wal-Mart and filled out an incident report. Martino said that while she was at the store, she showed the assistant manager where the shopping cart was in the parking lot.

Martino requested that he obtain the videotape of the incident from the surveillance camera inside the store.  On August 26, 1999, Martino sued Wal-Mart, claiming that Wal-Mart was negligent in:

  • its inspection and maintenance of the store’s shopping carts (the “negligent maintenance” theory) and
  • in failing to properly train store employees regarding appropriate procedures for scanning and customer handling of heavy items (the “negligent mode of operation” theory).

Martino’s husband also asserted a claim for loss of consortium.

During discovery in the lawsuit, Martino requested the shopping cart and a copy of the video surveillance tape. Walmart could not produce either item, Martino alleging a separate claim for spoliation of evidence.

The Florida Supreme Court said that in the past it held that when evidence was intentionally lost, misplaced, or destroyed by one party, trial courts were to rely on sanctions found in Florida Rule of Civil Procedure 1.380(b)(2) and that “a jury could well infer from such a finding that the records would have contained indications of negligence.”

If the loss of the evidence was determined to be negligent, a rebuttable presumption of negligence for the underlying tort applied. However, the presumption only applied when “the absence of evidence hinders the injured person’s ability to establish a prima facie case.

This rebuttable presumption shifted the burden of proof under section 90.302(2), Florida Statutes, so that the presumption is not overcome until jury believes that the presumed negligence has been overcome by whatever degree of persuasion is required by the law of the case.

The case was allowed to go forward to trial.

Settlement Value of Your Injury Case against a Florida Walmart.

If a Florida Walmart’s negligence caused your injury, the value of the case will largely depend on the pain and suffering component of the particular injury.

pain and suffering

You also may be entitled to get your medical bills and lost wages paid in addition to money for pain and suffering.

Settlement Values for Pain and Suffering Component of Different Injuries

Different body parts have a different value for the pain and suffering component.

Who handles Walmart’s Claims for Florida Accidents?

Max Koonce is Walmart’s senior director of risk management.  He is a Claims Litigation & Management Alliance Fellow since 2010.

According to a Claims Management article dated 7/24/12,  Max says he works closely with operations, safety and risk control teams to make sure that Walmart is a safe place for its employees to work and customers to shop.

Max Koonce will not handle the injured victim’s case.  Walmart has a huge in-house claims operation.

Walmart has a wholly owned TPA subsidiary, Claims Management Inc..  Walmart has 600 associates in that organization who are in charge of the claims management process.

Claims Management, Inc manages 34 states for workers’ compensation.  It uses TPAs for 16 other states.

Claims Management also handles general liability claims.  These include injuries to customers caused by Walmart’s negligence.

Examples of general liability claims are slip, trip and falls, falling objects, truck crashes and many other types of accidents.

What claims does Walmart spend the most money on?

Max says that Walmart’s greatest financial exposure for claims is workers’ compensation.  He says that Walmart focuses on getting the associates to return to work and functional ability.

How Do You Notify Walmart of a Personal Injury Claim?

You should notify Walmart of your personal injury claim by sending a certified (return receipt requested) letter to both of the addresses below:

Claims Management Inc.
Compliance Office
PO Box 1288
Bentonville, AR 72716-1288

Claims
Walmart
702 SW 8th Street
Bentonville, AR 72716-8611

I had some difficulty finding the fax numbers for Walmart stores online.  This is a sample letter notifying Walmart of your injury claim and requesting that they preserve store surveillance video and other evidence.

This letter can also be used if you were injured at any business (whether a restaurant, hotel, store, shopping mall, gas station, theme park, etc.) or on a cruise ship.

Claims Management has been good at calling my office to check the status of my client’s treatment.  This is refreshing.  I applaud Walmart for it.  I have dealt with other insurers and getting a call back can be a rarity.

Written Notice of the Injury Claim to Walmart

Send a certified mail return receipt letter to the actual store where you fell. The purpose of this letter is so that Walmart can open up a claim for you and preserve any evidence that may help you prove your case.

When the claims adjuster from Walmart calls you, do NOT give a recorded statement.  You are not required to give a statement. You do not benefit by giving a recorded statement. It can only hurt you.

I would not even give an unrecorded statement until you have a seen the video of the incident and you are completely finished getting all the medical treatment that you need.

Do not give a recorded statement to the Walmart claims adjuster.  You are putting yourself at a disadvantage if you do.  Sometimes the disadvantage can be huge.

Just because a claims adjuster is friendly does not mean that he or she will pay you to settle your case.  Walmart injury claims adjusters probably have been handling cases for many years.

They may be seasoned at getting statements from shoppers who are injured at Walmart.

They may ask you a question that seems like it is not important to you.  One word in your answer may kill your case.  This is even more true if you give a recorded statement.

Most victims do not even know when their case has been lost after speaking with the claims adjuster.

You may think that you are on great terms and Walmart will gladly take care of your claim.

Even if Walmart asks for your medical bills or proof of your lost wages, this does not mean that they are going to pay them.

Although the standard letter that I send Walmart requests its insurance information, in most cases with Walmart you should not be overly concerned about its insurer because it is self-insured for a large amount. In the more serious cases (multiple surgeries, brain injuries, etc.), there may be multiple layers of liability insurance coverage.

Slip and Fall Claims against Walmart in Florida

Man stepping on banana peel

Learn about slip and fall claims against Walmart in Florida.

Online Settlement Calculator in a Florida Injury Case Against Walmart

Don't Use an Online Settlement Calculator Your Case Value in a Claim for Injury Against Walmart in Florida
Do not use an online settlement calculator to figure out your case value in a Florida Walmart injury case.

If a Florida Walmart’s carelessness caused your injury,  I strongly suggest that you do not value your case based on an online settlement calculator.

There are many reasons why settlement calculators may not work for a Florida injury case.  This is true regardless of whether you are looking at my Florida injury settlement calculator or one that someone else made.

Falling Objects

If an item falls from a shelve and hits you, Walmart may be at fault and have to pay for your damages. Whether Walmart is at fault for the accident depends upon whether what you were doing at the time you were struck was reasonable.

If you were reaching for an object that was within reach and it fell, this helps your case.  If you were standing on your “tippy toes” or jumping to get a product on the shelve, then this hurts your case.

You can be certain that Walmart will argue that you should have known that the object was loose and was going to fall.  Walmart may say that you should have asked for help instead of trying to grab the item without assistance that was high on the shelf.

If Walmart is correct, the value of your personal injury case will be reduced by your negligence (fault).

Walmart Employee Injures You 

If you are walking in Walmart and you are injured by an employee, you may have a personal injury case against Walmart. The most common ways that a Walmart employee can injured you are as follows:

– An employee rolls or pushes a pallet jack over your foot or into you.

– An employee pushes a cart into you.

– An employee walks into you.

– An employee drops a heavy object on you.

If are injured by a Walmart employee in one of the above ways, you may have a case against Walmart. This means that Walmart may be responsible to pay for your damages (medical bills, lost wages, and pain and suffering). Walmart will probably argue that you were not looking where you were going and that your damages should be reduced by your percentage of fault.

For example, if you or your children are running through Walmart, and an employee walks into you or your children, you have a more difficult case than if you were standing still or walking at a reasonable speed.

If your child is injured and he or she is under the age of six, then Walmart generally cannot place fault on your child.  But you would still need to show that a Walmart employee was careless and this caused your child’s injuries.

Trip and falls

Learn about trip and fall injury claims against Walmart in Florida.

Defective Product Claims against Walmart in Florida

Walmart may sell a customer a dangerous product that causes injury.  If so, the injured person may have an injury case against Walmart.

The victim may also have a case against the distributor and manufacturer.

Injury Claims against Walmart Tire–Lube Express operations in Florida

Someone may have their tires or oil serviced at a Walmart in Florida.  The job may be done carelessly.  If this carelessness caused injury to the customer, he or she may have a case against Walmart.

Injured by a Crime on Walmart Property.

Walmart has a duty (obligation) to make its property safe. If you are injured by a crime (a shooting, rape, murder, etc.) inside or outside of a Walmart, you may have a case against both the Walmart and the company that manages or owns the shopping center.

Truck Accidents.

Walmart Truck

 

Learn about Walmart truck accident cases in Florida.

Time limit to sue Walmart in Florida.

Deadline File Suit Against Florida Walmart

If Walmart’s negligence caused your injury while you were a guest in a Florida store, then you have 4 years to sue Walmart.  There is a time limit within which you must report your work-related accident to your employer.

How long does it take to settle a case with Walmart?

How long will it take to get a settlement for my Walmart accident case?
How long will it take to settle my case with a Florida Walmart?

There are many different factors that affect how long an injury case may take to settle.  There is no guarantee that Walmart will offer to settle your claim.

Personal injury cases against Walmart should take a similar time to settle as compared with accident cases at other stores or other business establishments. Business establishments include supermarkethotel, motels and resortsshopping malls, etc.

This is because most businesses have a liability insurance of $1 Million dollars.  99.9% of cases are worth much less than $1 Million dollars.

Walmart is worth $269 Billion dollars.

Walmart’s Self-Insurance Reserves

 Walmart pays the claim out of its own money up to a certain amount.
Florida Walmarts have a high self-insured retention (SIR).

Walmart’s 2014 Annual Report states:

“The Company uses a combination of insurance, self-insured retention (SIR) and self-insurance for a number of risks, including, but not limited to, workers’ compensation, general liability, vehicle liability, property…The Company also maintains stop-loss insurance coverage for workers’ compensation and general liability of $5 million and $15 million, respectively, per occurrence, to limit exposure to certain risks.”

Stop-loss insurance (also known as excess insurance) is a product that provides protection for Walmart by serving as a reimbursement mechanism for catastrophic claims exceeding pre-determined levels.

Examples of catastrophic injury are:

a. Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
b Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage;
c. Severe brain or closed-head injury as evidenced by:
c1. Severe sensory or motor disturbances;
c2. Severe communication disturbances;
c3 Severe complex integrated disturbances of cerebral function;
c4. Severe episodic neurological disorders; or
c5. Other severe brain and closed-head injury conditions at least as severe in nature as any condition provided in sub-subparagraphs c1-c4.;
d. Second-degree or third-degree burns of 25 percent or more of the total body surface or third-degree burns of 5 percent or more to the face and hands;
e. Blindness, defined as a complete and total loss of vision; or
f. Loss of reproductive organs which results in an inability to procreate.

Walmart is rarely pressured to settle a personal injury case

Walmart’s insurer is rarely pressured to settle a personal injury case.

This is because the general liability limits are so high.  Walmart’s negligence may cause a victim’s catastrophic injury.  If so, the victim’s claim against Walmart may take longer to settle than if a smaller business hurt him or her.

Smaller businesses a typically have a general liability insurance policy which has a $1 Million dollar limit.

The full value of a catastrophic injury case be worth more than $1 Million dollars.  This would put pressure on a small business liability insurer to pay the $1 Million dollar limits quickly (if you were catastrophically injured).

Otherwise, the insurer risks a bad faith lawsuit for failure to act in good faith and pay the limits quickly.  The insurer would then possibly have to pay above the insurance limits.  Insurers hate that.

What should you do if you are injured at a Florida Walmart?

a. Call 911 if it is an emergency.

911 Call Audio Transcript Effect on Personal Injury Case

911 call audio recording or transcript may be important to help you prove your claim, so you may want to request it.

b. Take an ambulance to the hospital if necessary.

Effect on taking ambulance to hospital in Florida Walmart injury case

Whether or not you take an ambulance may affect your injury case value.

c. Quickly Report the claim to the store manager.

Did Not Report Accident Walmart Affect Settlement Injury Case

If you slipped and fell on a substance, assuming your pain has not immobilized you, you should immediately report your fall to the store.

d. Take pictures of the dangerous substance or debris and the area

Take Pictures if you Slip and Fall at a Florida Walmart and want to make a claim
Take pictures in your injury case against Walmart.

Immediately take pictures and video of the substance that you slipped on as well as the area where you fell.  Do not just take 1 close up picture of the substance (e.g. water, a grape, oil, etc.) on which you fell.

Take pictures that show the layout of the aisle(s) or area where you fell, including any coupons that may have distracted you while you were walking.  If you are unable to take pictures, have a friend take them.

You can be sure that a Walmart employee will take pictures of the area where you fell.

Walmart has many video cameras throughout the store.  Walmart’s video cameras may even pick up audio.  Do not assume that just because there are video cameras in the area of your fall that they were working at the time of your accident.

Some of the video cameras may be “dummy” (fake) cameras and not work.  Do not assume that Walmart will keep this video if it exists.

e. Get names and contact information of any witnesses.

You want contact information of any witnesses who saw your fall, saw the area where you fell, or saw the substance that you fell on. As soon as possible, you want to have each witness sign an affidavit – a sworn statement – stating what they observed.

This is a sample witness affidavit that I used in a trip and fall case at a condominium complex where the total settlement was $75,000.  Every settlement on this website is before our attorney’s fees and expenses.

Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.

Juror sympathy for Walmart in Florida

Most personal injury cases do not go to trial.  However, Walmart’s claim adjuster will evaluate the case as if it is going to trial.

In general, if all other things are equal, a juror is more sympathetic (more likely to favor ) to the injured person than they are to a huge corporation such as Walmart.

This is because it is difficult for jurors to put themselves in the shoes of a $244 Billion dollar corporation such as Walmart.  But ultimately the facts of your case are what will decide the outcome.

Walmart Employee Accidents in Florida

Workers Compensation Claims

If you are injured while working at Walmart, you have a workers’ compensation claim.  If someone’s carelessness caused your injury, then you may also be able to make a personal injury claim.

One of the advantages of a personal injury claim is that you may be entitled to compensation for noneconomic damages (e.g. pain, suffering, etc.).

Group Voluntary Accident Coverage

Allstate Benefits offers Walmart employees Group Voluntary Accident coverage.  It is also known as Limited Benefit Supplemental Accident Insurance.

This provides cash benefits for out-of-pocket expenses related to an accidental injury.  It can help protect the Walmart employee if he or she has an off-the-job injury in Florida.

Most major medical insurance plans just pay part of the bills.  Group Voluntary Accident coverage pays for bills that other major medical insurance does not pay for.

It gives the employee cash to cover the expenses.  Car accidents or an accident on vacation may cause an accidental injury and out-of-pocket expenses.

Who is the best Florida injury lawyer for cases against Walmart?  Who is the best Miami accident attorney for cases against Walmart?

Florida attorneys are ethically prohibited from saying that they are “the best.”  Therefore, a Florida lawyer cannot say that he or she is the best Florida Walmart injury lawyer or Miami Walmart accident attorney.

Florida lawyers can talk about their experience representing and settling cases for Florida injury victims.  I enjoy fighting for my clients’ rights if a Florida store’s carelessness caused them to get hurt.

We will take a look at a few common injuries that can occur at Walmart.

Shoulder Injuries

How Much is a Shoulder Injury Against Walmart worth?

If a Florida Walmart’s negligence caused your shoulder injury, such as a rotator cuff or labrum tear, AC join tear, broken humerus or broken clavicle, it may be worth a significant amount of money.

We have settled non-Walmart Florida rotator cuff tear and labrum tear cases.  Some have settled for $210,000, $147,000, $65,000, $57,000, $18,000, $10,000.

The reason for this large settlement range is because many factors affect a shoulder injury case.  The best thing about a rotator cuff or labrum tear case against a Florida Walmart is that they have the money to pay for the true settlement value of the case.

Herniated Disc
Walmart's carelessness could cause a herniated disc.
Walmart’s carelessness could cause a herniated disc.

Find out if you have a case if a Florida Walmart’s negligence caused your herniated disc in a slip, trip and fall or other type of accident.

Fractured Wrist or Hand
We settled this non-Walmart Miami car accident hand surgery case for $200,000.
We settled this non-Walmart Miami car accident hand surgery case for $200,000.

Learn if you have a case if a Florida Walmart’s carelessness caused your broken wrist or hand.

 

My Other Articles on Walmart Accident Claims in Florida

Which Florida Walmart Stores Have Been Sued for Negligence?

Walmart has stores throughout Florida.  Personal injury claims and/or  lawsuits have been filed against Florida Walmart throughout Florida.

Some claims for personal injury arose from Walmart’s alleged negligence in the following stores:

Miami, Doral, Hialeah, Hialeah Gardens, Miami Gardens, North Miami Beach, Miramar, Cooper city, Hallandale Beach, Pembroke Pines, Goulds, Davie, Homestead, Lauderhill, Coral Springs, Pompano Beach, Florida City, Sunrise, Lauderale Lakes, Sunrise, North Lauderdale, Pompano, Orlando, Ocoee, Apopka, Casselberry, Oviedo, Winter Springs, Altamonte Springs, Kissimmee, Fort Myers, North Fort Myers, Cape Coral, Lehigh Acres, Plantation, West Palm Beach, Palm Springs, Lake Park, Greenacres, Boynton Beach, Lake Worth, Jupiter, Lantana, Daytona Beach, Ormond Beach, Port Orange, Lakeland, Lake Wales, New Smyrna Beach, Tampa, Oldsmar, Brandon, Riverview, Seffner, Pinellas Park, Largo, St Petersburg, Clearwater, Dunedin, New Port Richey, Starkey, Plant City, Palm Harbor, St Petersburg, Tarpon Springs, South Pasadena, Sarasota, Braden River, Bradenton, Osprey, Palmetto, Jacksonville, Yulee, Orange Park, Macclenny, Fruit Cove, Fernandina Beach, Middleburg, Chipley, De Funiak Springs, Panama City, Callaway, Lynn Haven, Panama City Beach, Destin, Fort Walton Beach, Niceville, Santa Rosa Beach, Ocala, The Villages, Summerfield, Tallahassee, Crawfordville, Pensacola, Gulf Breeze, Milton, Palm Bay, West Melbourne, Melbourne, Indian Harbour Beach, Sebastian, Clermont, St Cloud, Palatka, Stuart, Perry and more.

Where is Walmart’s Home Office?

Walmart Home Office
Walmart Home Office in Bentonville

Who are Wal-mart Stores’ competitors in Florida?

Walmart has a lot of competition in Florida.  I have written articles about cases where a Walmart competitor was careless and someone got hurt.

In Florida, personal injury cases against Walmart’s competitors are similar to claims against Walmart.  Some of Walmart’s competitors in Florida are:

Over 86 factors affect the settlement value of a case if a Florida Walmart’s carelessness caused someone’s injury.

Over 86 factors may affect a Florida Walmart injury case settlement value.
Over 86 factors may affect a Florida Walmart injury case settlement value.

An injury claim against a Florida Walmart is similar to a case against a Florida supermarket.

Did Walmart’s negligence cause your injury in Florida?  Did someone else’s negligence cause your accident and injury in Florida?

See Our Settlements

Check out some of the many Florida injury cases that we have settled, including but not limited to car accidents, truck accidentsslip or trip and falls, motorcycle accidentsdrunk driving (DUI) accidentspedestrian accidents, drunk driving accidentstaxi accidentsbicycle accidentsstore or supermarket accidents and much more.

We want to represent you!

Our Miami law firm represents people injured anywhere in Florida in car accidents, truck accidentsslip, trip and falls, motorcycle accidents, bike accidents, drunk driving crashespedestrian accidents and many other types of accidents.

We want to represent you if you were injured in an accident in Florida.  If you live in Florida but were injured in another state we may also be able to represent you.

Call Us Now!

Call us at (888) 594-3577 to find out for FREE if we can represent you.  Call us 24 hours a day, 7 days a week, 365 days a year.  

No Fees or Costs if We Do Not Get You Money

Miami and Florida Injury Cases Attorney No Fees or Costs if We don't get you money.

We speak Spanish. We invite you to learn more about us.

Editor’s Note: This post was originally published on May 2013 and has been completely revamped and updated.

I will not become your attorney by you leaving a comment. There is a time limit to file a lawsuit. All comments will be public. This includes the name that you enter. I only represent people who were hurt in Florida or on a cruise ship; or if the injured person lives in Florida or a family member (in the case of a death) lives in Florida. This is because I am only licensed in Florida.

Comments

  1. Husband of Lady Who Slipped and Fell in Walmart says

    Hi, my wife slipped on some liquid in Walmarts entrance 2 days ago and filled out an accident report with the manager. She was hurt in 4 places and traumatised with little help from the employees. Any suggestions

    • Justin Ziegler, Miami Injury Lawyer says

      Dear Husband of Lady Who Slipped and Fell,

      I suggest speaking with an attorney immediately.

    • Justin Ziegler, Florida Injury Lawyer, Site Owner says

      Hi Husband of Lady Who Slipped and Fell,

      I would immediately send a written request to Walmart asking them to preserve the video for the day before the fall, the day of the fall, and the day after the fall. Although I have heard that at least one Walmart store keeps its store surveillance video for 60 days, I would not rely on Walmart preserving (keeping) the video. The letter that you send should be sent certified mail return receipt to the store that your wife fell at, as well as to the Walmart claims office (address if provide in the article above).

      If you have a fax or email address for Walmart, you should also email and fax the letter to Walmart. You should be sure to save a copy of the fax confirmation.

      If you email the letter to Walmart, you should request a delivery receipt and read receipt. It is possible to do this on Microsoft Outlook and I believe if you have a paid version of Google Apps.

      If your wife is injured she should get medical treatment if she feels that she needs it. Even if a Walmart claims adjuster calls or writes to her, I suggest that she does not speak with a Walmart representative before she speaks with an attorney. You stated that she filled out an accident report. Because she did this, there is nothing that can be gained by speaking with Walmart until your wife has completed medical treatment and she knows the full extent of her injuries.

      If your wife was injured in Florida, or if she lives in Florida and was injured in another state, she is welcome to contact me to speak about her incident. There is no charge for her to speak with me. If I am able to represent her, I only get paid if I we settle the case or get a judgement (win at trial) against Walmart.

      If the incident occurred in Florida, there is a time limit to file a lawsuit. I am not your attorney. This is not legal advice.

  2. Anonymous #2 says

    Hello, I live in Illinois, I had a slip and fall at wallmart and broke my wrist and shattered my phone. I filled a report out and they said that I was at fault because i was aware that it was raining and i fell when i walked in the store a few steps from the door and i ask to see the tape and they said they werent allowed to so i had them signed a paper sayeing why and that they couldnt

    • Justin Ziegler, Miami Injury Lawyer says

      Anonymous #2,

      Thank you for the inquiry. I cannot comment on any claim or case involving Illinois law because I am only licensed in Florida. You should immediately speak with a personal injury lawyer in Illinois.

  3. Person Who Slipped and Fell on Water says

    I slipped and fell on water that was on floor and had bruises to thigh been to the doctor twice Walmart wants to settle for a little of nothing and pay doctor bill. Should I settle?

    • Justin Ziegler, Miami Injury Lawyer says

      Dear Person Who Slipped and Fell on Water,

      I will assume that your accident happened in Florida. I am licensed in Florida so that is the only state on which I can comment. So my answer only applies to a slip and fall in a Walmart store in Florida. There are many questions that I have that would help me give a good answer to your question.

      Without knowing answers to these questions, my answer to your question depends on when you slipped and fell. If you slipped and fell a few years ago, the only injury that you had was bruises to your thigh which healed, and you do not need any more medical treatment, then I would say that now is a good time to begin settlement discussions. On the other hand, if you recently fell, I do not recommend settling your case now because you do not know how much medical treatment you may need.

      In Florida, you have to prove that Walmart had actual or constructive knowledge that the water was on the floor before you fell.

      Have you asked Walmart to send you a video of the 2 hours before your slip and fall? If not, I would do so immediately. Sometimes the claims adjuster will share the video with you.

      How much is the “little to nothing” that you say Walmart wants to settle for? $100, $500, $1000, $5,000?

      How much is the doctor’s bill that Walmart is willing to pay? That may indicate whether the claims adjuster feels like they are at fault for the incident.

      Walmart may make an offer to settle a case before a lawsuit for a fraction of what it will offer in a lawsuit. What is equally as scary is that some attorneys will recommend that their client settle the case for this fraction for one of 2 reasons. They are improperly evaluating the case or they are not willing to spend the time and money to file a lawsuit.

      Now, this doesn’t mean that Walmart will always pay more if a lawsuit is filed, but it is something that you should know. If Walmart is offering fair value before a lawsuit, then I don’t think that they will offer more than fair value during the lawsuit.  Thus, it is not always appropriate to file a lawsuit. The majority of personal injury claims are settled before a lawsuit is filed.

      I wish that I could give a Yes or No answer to your question, but as you can see there are many things (I just named a few) that any attorney would need to know in order to give you a good answer.

      I tell prospective clients that “If you are not sure whether you should settle your case, then you probably need an injury lawyer.” I mean no disrespect by this but an accident attorney such as myself (and many others) handle these cases 40 hours a week (or more) all year round and hopefully has been doing it for many years.

      I have almost 10 years experience handling slip and fall cases for people injured in Florida and on cruise ships. There are no Fees or costs unless I recover money. Call me at (888) 594-3577 to get a free consultation now! I accept calls 24 hours a day, 7 days a week, 365 days a year. My office is in Miami and I handle cases throughout all of Florida and on cruise ships.

      Statute of limitations.  There is a time limit to file a lawsuit.  As you know, I have not filed any lawsuit for you or on your behalf.  I am not your attorney. This is not legal advice.

  4. Person Hit By Shopping Cart says

    should i give a statement? The adjuster called but it was late and I made an appointment. I was hit with a shopping cart in a crowded entry way at Walmart by the registers between the middle display coming in not a lot of room when crowded. our statements were taken by a manger and she assured that camera was working and would be pulled to show accident Who would be responsible for my bills?

    • Justin Ziegler, Injury Lawyer says

      Dear Person Hit By Shopping Cart in Walmart,

      My answer only applies if this incident happened in Florida, which is where I am licensed to practice. I suggest that you do not give a statement at this time. As long as you were not a Walmart employee at the time of the incident, then you have no duty to give a statement.

      I strongly suggest that you send Walmart, and its claims company – Claims Management, a request to preserve video and audio for the entire day of this incident. If you have not already done so, you should report the incident.

      This is what you should do in regards to your medical bills. Your health insurance may pay for your medical bills.

      If you have Medicare, Medicaid, VA, Tricare, etc. then they may pay for your medical bills. You may also make a claim for your medical bills and other damages against Walmart, the person who hit you, and/or any other party who was negligent.

      I assume that you were not working at the time of the incident. If you were working, then you should immediately notify your employer of the incident. In that case, your employer may provide benefits.

      There is a time limit to file a lawsuit. In regards to a claim against Walmart, there is a time limit in Florida to file a lawsuit.

      I wish you good luck. While a do accept personal injury claims – against Walmart or anyone – in Tampa and throughout Florida, I am unable to represent you in this particular case.

      This is not legal advice.

      • Person Hit By Shopping Cart in Walmart says

        Thank you for answering my question I am the lady that got hit by another customer at Walmart. Do you have any references anyone i can contact to represent me in Tampa Fl.

        • Justin Ziegler, Injury Lawyer says

          Dear Person Hit By Shopping Cart in Walmart,

          You are welcome for my answer. As we discussed, while a do accept personal injury claims – against Walmart or anyone – in Tampa and throughout Florida, I am unable to represent you in this particular case.

          These are 2 attorneys, located in Tampa, that handles this type of claim:

          Frank Butler
          Marcus Fernandez

          Please let me know if you give me your permission to let them know that I referred you. Thank you.

          • Person Hit By Shopping Cart in Walmart says

            Definitely okay to let them know do i call or do you want me to wait? I Thank you again for your help advise and being there for those that don’t know the law and need answers. God Bless you for you keep doing a great job.

          • Justin Ziegler, Injury Lawyer says

            Dear Person Hit By Shopping Cart in Walmart,

            You should call immediately. Please let them know that I referred you. You are welcome for my help. I am always here to answer questions. I usually respond in 12 hours and sometimes less than 30 minutes. God bless you. Thank you for asking great questions.

            I am not your attorney. This is not legal advice.

  5. Person whose niece slipped and fell at Walmart and hit her face says

    my niece slipped & fell on the 2nd of april 2014 in instant potatoes at the register & hit her face on the checkout belt ,( metal part ) she lost alot of blood & the girl at the register said a lady came thru her line awhile ago with a leaking bag of instant potatoes but they didn’t clean them up ,we had to call 911 & she was took to the er ,she had black eyes & a bruised nose by later that evening & couldn’t even sleep for the pain plus she had to miss work for several days , wal marts insurance had called the next day wanting a statement promisng to have an offer by the 11th of april , which is next friday ..what should she do ??

    • Justin Ziegler, Injury Lawyer says

      Dear Person whose niece slipped and fell at Walmart and hit her face,

      Thank you for telling me about your niece’s incident. I am sorry to hear that your niece was hurt at Walmart. I hope that she feels better. I am unable to represent you niece in this particular case if she doesn’t have a facial fracture. If she has a facial fracture and was injured in Florida or lives in Florida, she is more than welcome to call me to discuss this matter.

      She should speak with an attorney immediately. There is a time limit to file a lawsuit. I wish her good luck.

  6. Person who slipped on egg says

    Hi i slipped on spilled egg in Walmart their was a wet floor sign but not covering the spillage
    Walmart supplied me with a bandage for my ankle and asked if I wanted to file a report
    At the time I was mortified at falling so I said no
    Today however I called Walmart and asked if I could come in and file a complaint they said yes
    My side and back are in a lot of pain
    Could you advice me on what to do

    • Justin Ziegler, Injury Lawyer says

      Dear Person who slipped on egg:

      Thank you for telling me about your accident. I am sorry to hear that you were injured. I hope you feel better.

      Unfortunately, I cannot answer your question here. If your accident happened in Florida and you are diagnosed with a herniated disc, then you are more than welcome to call us at 888-594-3577 and we will tell you – for free – whether we can represent you. I suggest that you speak with an attorney immediately. There are benefits to hiring a lawyer.

      There is a time limit to file a lawsuit. I am not your attorney. This is not legal advice.

  7. Lo says

    Hi I had visited a walkart in Central Florida and walking from returning a shirt I walked through a checkout isle and slipped on a grape that was left on the floor. I had no idea how badly my knee was hurt till I had left and the numbing had went away. I don’t know what to do. I’m a young adult and I live alone. Help….

    • Justin Ziegler says

      Hi Lo,

      Thank you for your comment. I am sorry to hear that you are hurt.

      If you go to the hospital, urgent care or see a doctor, please feel free to call us at 888-594-3577 to see if we can represent you. We accept personal injury cases (including those against Walmart) anywhere in Florida.

      Without medical treatment, we are unable to represent you.

      This is not legal advice. There is a time limit to sue . I am not your attorney.

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