If you’ve been inside a Walmart, then you know that it can get quite hectic. During the holiday season, it can be a madhouse with people filling almost every aisle.
Sometimes, the floors don’t get the attention that they need, resulting in liquids that sometimes aren’t seen until it’s too late and you end up slipping and falling. You could even slip and fall due to tripping over a shopping basket or tripping over another person in front of you. If this happens, there are a few tips for filing a claim and winning against the company that you want to keep in mind.
Who Is in Charge?
Although there are several managers who work at each Walmart, there is only one agency that handles claims against the company. Claims Management, Inc. investigates any claim that is filed in order to determine if it’s valid or if it should be tossed aside.
If you discover that your claim isn’t going to be heard, then you can contact an attorney who handles slip and fall accidents so that you can get the proper compensation for medical payments and treatments, lost wages, and pain and suffering that you endure.
CMI will usually continue calling you to see how you’re doing. While this might seem as though the company cares about you, it’s more likely that the company wants to trick you to make a statement that could be used against you in court.
If you make any statement about being able to work or being able to enjoy activities, then the company could claim that you’re not as hurt as you say that you are and toss out your claim. Some of the things that you might notice on these calls are:
- A friendly nature during the first few calls
- Asking about how the accident happened
- Offering a small settlement so that you won’t go to court
When you talk to professional companies, you likely want to have statements recorded. However, this should be on your terms and should be with your lawyer present. You don’t want your statements turned against you. If the company records statements without you being aware of it or without someone else witnessing what’s taking place, then other details could be tossed in with what you say.
Don’t think that you have to give a recorded statement. The representative you talk to might make it seem like you have to agree to the terms, but it’s your right to say no until you have legal representation with you. Keep in mind that the agent might become angry or difficult to work with if you say no, but this is when you need to stand your ground and rely on the advice of your attorney while continuing the fight for your claim.
The company investigating your slip and fall claim might request that you send them your medical bills pertaining to your slip and fall claim so that they can be reviewed. These files will usually be held against you. The company will likely look at the amount of money that you owe and use it to claim that you don’t need as much money as you’re requesting in the settlement.
Sometimes, the company will send a letter stating that your claim is denied because you haven’t sent your records, but this is usually just a scare tactic. Keep all forms of communication to give to your attorney so that it can be presented in court.
Their goal is to prevent Walmart from paying you any money at all for your claim. The company that investigates the claim will look into any and every reason to try to make a case against you to try to prove that you’re not as hurt as you say in order to prevent you from getting any money. Stay strong, keep your medical appointments and records, and fight against the company if you’re injured.