If you have been injured by negligent store practices or actions of an employee, you may qualify to sue Walmart for personal injury. However, taking on a massive corporation like Walmart is never easy. Companies of their size have massive teams of defense lawyers looking to protect their bottom line and keep them out of negative media attention at all costs.
If you want to know how to sue Walmart for personal injury in Texas, you need support from a Texas personal injury lawyer. The first step in suing Walmart is filing a claim with the help of an attorney. Keep reading to learn how to maximize your case worth and successfully prove liability.
Proving Liability in Personal Injury Accidents at Walmart
Personal injury accidents occur all the time at superstores like Walmart, whether it is a customer slipping on an unmarked spill or being injured from merchandise falling off of a top shelf.
Walmart prepares for this by being backed by a huge team of lawyers who will fight to minimize their liability and any amount claimed by injury victims.
To successfully sue Walmart for personal injury in Texas, you need to prove liability by establishing Walmart or its employees’ negligence caused your injuries.
The main thing you must do to establish liability starts with the duty an establishment has to keep its customers and visitors safe. To thoroughly establish negligence, your Texas personal injury lawyer will help you gather evidence and prepare a strategic approach. They may look at types of evidence such as:
- Accident or police reports
- Eyewitness statements
- Photographs of the scene of the accident
- Medical records
- Store maintenance and cleaning records
- Expert witness testimony
- Security camera footage
Filing a Personal Injury Claim vs. Lawsuit Against Walmart
Most personal injury cases are generally settled outside of court through insurance claims or private settlements. However, there are distinct times when filing a lawsuit against Walmart for personal injury may become the best option.
If their insurance attempts to deny or minimize your claim by downplaying their negligence, you need to consult with a personal injury lawyer to discuss your options.
Walmart manages its personal injury claims through a third-party administrator called Claims Management, Inc. This separate subsidiary manages all insurance and legal processes and was set up to limit the liability of the superstore corporation. It is common for insurance companies to try to minimize their payouts, but Walmart’s policy on settling claims is even more aggressive.
Whether you are filing an insurance claim or personal injury lawsuit, you must create an airtight case of evidence that the giant corporation cannot deny. Working with an experienced Walmart personal injury attorney can help you ensure that you stay protected from your words being used against you. Consult with a lawyer as soon as you are able to get ahead on your case.
Shared Liability in Walmart Personal Injury Cases
Under Texas Civil Practice and Remedies Code Sec. 33.001, a plaintiff may only recover damages if their liability is less than 50%. Even then, their compensation will be reduced by the percentage of fault they share in the accident.
If you share any part in the liability for your accident, Walmart’s team of lawyers may attempt to hold that against you, and you will need the support of an experienced lawyer to fight for maximum compensation.
Common Injuries in Personal Injury Lawsuits Against Walmart
Personal injury cases against Walmart span from slips and falls to product liability claims. This includes a recent class action lawsuit where Walmart was sued over a personal injury claim where they continued to sell baby powder after it was linked to ovarian cancer. Some common accidents in personal injury cases against this retail giant include:
- Slip and falls: Caused by wet floors, improperly cleaned floors, loose tiles, or uneven flooring can cause trips and falls, especially for elderly shoppers
- Obstructions: Poorly placed merchandise, debris, or tripping hazards can cause accidental injury to customers
- Defective products: Walmart may be held liable for selling products with design flaws or manufacturing defects
- Failure to warn: The retailer may be sued for failing to warn consumers about potential risks associated with a product adequately
- Toxic substances: As with the class action lawsuit referenced above, Walmart can be held liable for selling products with known harmful substances, such as asbestos or talcum powder
If the retailer has injured you, do not delay in getting the support of an experienced personal injury lawyer. As a passionate defender of injury victims, the team at Lowe Law is ready to partner with you to take on one of the world’s largest retailers. Remember, you pay nothing unless we settle your case.
Texas Time Limit for Personal Injury Lawsuits
Under Texas Practice and Remedies Code Sec. 16.001, injured persons generally have two years from the date of an injury to file a personal injury lawsuit. Specific circumstances, like the injured person being a minor, could extend this deadline, but you should still not delay.
Consult with our experienced Walmart personal injury attorney to ensure you understand your legal options to pursue justice.
Get Help with Your Walmart Personal Injury Lawsuit from Lowe Law
Attorney D’Angelo Lowe, founding partner of Lowe Law, believes in advocating for the rights of injured persons against big corporations like Walmart. Do not let the corporate giant bully you into believing that you deserve less than complete compensation for your losses. Read about our lawyers in the news to see other cases that we have successfully settled.
A personal injury accident at a Walmart store can have serious physical and financial consequences. You deserve fair compensation for your losses, and Walmart should be held responsible for any negligence on its part.
Contact us to learn more about us and how we can help you sue Walmart for your personal injury.
