How to Sue Walmart if I’m Injured in a Slip and Fall

Suing Walmart for a slip and fall injury is a complex process that involves gathering evidence of negligence and liability, negotiating with Walmart’s liability insurance provider, meeting the personal injury lawsuit statute of limitations, and potentially defending your claim in court.

While you can take on the challenge of suing Walmart after a slip and fall yourself, hiring a Fort Lauderdale slip and fall accident lawyer may be greatly beneficial. They can help you navigate Florida’s premises liability laws, handling your entire claim or lawsuit while you focus on resting and recovering from your injuries.

First Steps in Preparing Your Slip and Fall Injury Claim or Lawsuit Against Walmart

Preparing for a personal injury claim or lawsuit starts at the accident scene immediately after your fall. If your injuries allow, taking the following actions can benefit your claim: 

• Seek immediate medical care.
• Take photographs of the accident scene and the dangerous condition that caused you to slip.
• Take pictures of your injuries at the time of the accident and throughout your recovery.
• Collect eyewitness contact information.
• Report the accident to the store manager.
• Keep copies of all bills and receipts related to the accident.
• Write down or record everything that happened the day of your injury, and keep a record of events until your case concludes.

Establish Negligence and Liability for Your Walmart Slip and Fall Injury

In Florida, a property owner or occupier must take reasonable care to keep the property safe for those who enter. Per Florida Statutes § 768.0755, if Walmart’s employees knew about a hazard and didn’t fix the issue or warn you about it, or if they should have known about the hazard because it’s a recurring problem or had been in place for a long time, they may have been negligent and did not keep you safe. 

To succeed in your personal injury claim, you must prove that Walmart’s negligent action or inaction caused you to slip, fall, and injure yourself and that your injury caused you to sustain losses. This may involve gathering extensive evidence, such as: 

• Medical records
• Store surveillance video
• Accident reports
• Walmart employment records
• Store maintenance records
• Witness statements
• Expert testimony

If a Fort Lauderdale premises liability lawyer represents you, they can help you gather evidence of negligence on your behalf, so you can focus on healing.

Identify All Your Slip and Fall Accident Losses and Determine Their Value

Your losses after a slip and fall accident will fall into two categories: economic and non-economic. Economic losses have an obvious financial cost attached and may include but aren’t limited to:

• Medical expenses
• At-home care
• Prescription medications
• Transportation to medical appointments
• Income lost during recovery
• Reduced earnings or loss of future earnings and benefits

Non-economic losses don’t come with bills, invoices, or receipts—they are more subjective in nature. You may want the assistance of a legal professional to help you put a dollar amount on losses such as:

• Pain and suffering
• Loss of enjoyment of life
• Loss of quality of life
• Inconvenience 
• Permanent disability 
• Mental anguish
• Worsening of prior injuries
• Reputational damage

Once you have proof of the store owner or occupier’s negligence and have accounted for all your economic and non-economic damages, you may take the next steps in seeking a fair compensation settlement.

Negotiate for a Slip and Fall Injury Settlement with Walmart’s Insurance Company

You may choose to negotiate with Walmart before filing a premises liability lawsuit. This generally involves submitting a demand letter for the amount of compensation you require to make yourself “whole” again after your accident, fielding settlement offers, and making counteroffers until you reach an agreement.

Remember that Walmart’s attorneys and insurance representatives will work hard to pay you as little as possible. They are not on your side. If a slip and fall injury attorney represents you, they can ensure Walmart’s representatives treat you fairly and help you avoid settling for less than you deserve.

Be Aware of Laws that May Affect Your Slip and Fall Injury Claim

In addition to taking the above steps, you must be aware of certain laws that can affect your claim if you choose to proceed without legal representation. 

Florida’s Deadline for Filing a Premises Liability Lawsuit

Per Florida Statutes § 95.11, the statute of limitations to file a personal injury lawsuit in Florida is generally two years from your injury date. However, some exceptions exist, making it difficult to determine the exact deadline without legal assistance.

If you are injured and handling your own case, meeting this deadline may be challenging. However, it’s critical that you do not miss it, as a judge may bar you from pursuing justice through the courts if you don’t begin legal action within the allotted time. 

Comparative Negligence May Affect Your Compensation

Per Florida Statutes § 768.81, if evidence suggests you were partially at fault for the slip and fall accident, you can still pursue a compensation settlement or judgment. However, the amount you receive will be reduced by your percentage of fault. For example, if you’re 10% at fault, you will receive 90% of the compensation you are due. If you are more than 50% at fault for the accident, you cannot collect compensation for your losses.

Call Chalik & Chalik Injury Lawyers for a Free Slip and Fall Accident Consultation Today

An injury from a slip and fall accident can lay you up for months. Sometimes, the pain lingers for years, reducing the likelihood of a full recovery. Protecting your rights is key to building a new future for yourself, but suing a behemoth corporation like Walmart can be an intimidating prospect.

Hiring a Fort Lauderdale personal injury lawyer can remove the stress of suing Walmart from your shoulders. Chalik & Chalik Injury Lawyers offers free initial consultations, allowing you to share your story and get answers to important questions. If we handle your case, we only collect attorney fees after we win. If we don’t win, you don’t pay. Call today. We’re ready to help.