Contact Us for a Free Consultation 504-828-3313

Updates

I was Injured at Walmart in Louisiana - How Do I make a Claim?

Posted by Megan Kiefer | Feb 05, 2020 | 0 Comments

If you were injured at Walmart in Louisiana and beyond, you make have been contacted by the claims adjuster. It's important to get a legal consultation before talking to any insurance company.

The attorneys at Kiefer & Kiefer have handled cases where a client was injured when they slipped and fell inside the store, when a defective clothing rack caused a client injury, when a client slipped in motor oil that accumulated outside of the store near the entrance, when a client was injured when a Walmart employee hit them as they were attempting to move dozens of shopping carts, and more. Here is a link to a website discussing one of our cases: https://louisianarecord.com/stories/511465185-woman-seeks-damages-following-alleged-fall-at-walmart

What to Do if You are Injured at Walmart?

  1. The first thing you need to do if you are injured at Walmart is to request an employee get you medical attention if needed. Walmart employees can assist you in calling 911 and securing an EMT to get you immediate medical attention.

  2. Report the accident to an employee of Walmart. Walmart requires that their employees perform an investigation into the accident by taking your written statement, taking photographs, reviewing and preserving video evidence,

  3. Do not write or sign a statement when asked by the Walmart employee. Sometimes after a fall, you may be physically or mentally unable to write a written statement. You do not have to. Either way, Walmart will attempt to use this statement against you if you later make a claim.

  4. Gather your own evidence while you are at Walmart and after you leave Walmart. Even if Walmart is gathering evidence, this does not mean you cannot gather your own. Not every part of the store is able to be captured on surveillance and not every employee gathers witness information perfectly. If you are able to, take your own photographs and video and get the identity and phone numbers of all available witnesses.

  5. Do not give a recorded statement to Walmart or its claims adjusters. Walmart will make contact with you within 24 hours to check on you. They may also have a claims adjuster check on you. You are not required to speak with them. In fact, in the days after a serious injury, it is possibly you are heavily medicated, so it does not make sense to give a recorded statement that can later be used against you.

  6. Do not accept an early settlement. In Louisiana, you have a year before you have to file a claim against Walmart. There is no rush to settle your claim, especially before you know the nature and extent of your injuries.

How Do I make a Claim against Walmart?

Walmart is self-insured for claims against it. What does this mean? Most retail stores like Walmart have a general liability insurance policy. They pay the premiums on the policy and, if someone is injured in the store, the insurance company - not the store - handles the claim. So, most claims would be made to an insurance adjuster. Not Walmart. Because Wal-Mart self-insures, Wal-Mart manages all claims against the store through a company that is controlled and owned by Wal-Mart. This means that Wal-Mart pays claims out with their own money. Walmart has its own team of claims handlers and lawyers that are paid to evaluate Walmart injury claims and to save them money by not paying out the value of the case.  The Walmart injury claims can be anything from slip and falls accidents at Walmart, trip and fall accidents at Walmart, merchandise falling onto customers while they are at Walmart, customers at Walmart falling over boxes or merchandise that was left on the ground, wet or freshly waxed floors, holes in the parking lot, and defective or dangerous products in Walmart's possession. Walmart is notorious for taking a hard line on injuries that occur at Walmart that are hard to prove and refusing to settle these claims.

What Should I do If I am Injured at Walmart in Louisiana and Want to Make a Claim?

Walmart will fight you on any type of claim you attempt to make, it is important to consult an experienced injury attorney who knows the best way to litigate these cases and to help you make a claim against Walmart. Basically, to win a claim against Walmart, you need to fight back and show them you mean business. Your lawyer will help you to

  1. Evaluate your injury and fall and let you know if it is a case that is a valid claim against Walmart.

  2. Gather evidence and make sure that Walmart does not destroy evidence that would affect your claim against Walmart.

  3. Negotiate your case with Walmart and try to resolve it prior to filing a lawsuit against Walmart.

  4. Filing a lawsuit against Walmart and taking your case to trial to get you the compensation you deserve.

At Kiefer & Kiefer, we have handled many cases against Walmart. We know what we have to prove to get you compensation, and we will gather the evidence to pressure Walmart to give you what you deserve. And if they do not, we have a team of experienced trial lawyers ready to take your case to trial.

https://www.kieferandkiefer.com/blog/neworleans-slip-and-fall-accident-lawyer

This is provided for informational purposes only and not for the purpose of providing legal advice.

About the Author

Megan Kiefer

Megan Kiefer is a partner at Kiefer & Kiefer. She is a trial attorney who specializes in personal injury, insurance defense, and appellate work and who has a proven track record in and out of court. Megan has experience as lead counsel in jury trials, judge trials, and mediations, as well as exte...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

CONTACT US

We are happy to provide you with a free consultation on your case.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Kiefer & Kiefer via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Menu