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Wal-Mart All Too Familiar With Personal Injury Lawsuits

Wal-Mart is the biggest retailer in the United States – naturally, the more customers a corporation entertains, the more likelihood there is for a personal injury to occur. Almost 20 lawsuits are filed against Wal-Mart every day! While many of these tend to be business disputes and employee claims, a good number are also personal injury claims.

Claiming Injury Compensation

If you think you have a personal injury case against Wal-Mart, you have to be able to demonstrate that the store, a store employee, or an agent of the store was negligent. You also must show that the failure in their duty of care led to you suffering an injury that was otherwise avoidable.

Wal-Mart will often blame the customer for the injury, citing the customer’s carelessness. Persistence is key when dealing with Wal-Mart, as a claim that is initially denied can bring discouragement and a desire to give up. Many people have shared stories of being injured at Wal-Mart, and being given a phone number of a risk management office to contact. Sounds reasonable, right? The problem is, nothing happens after that. Wal-Mart will not contact you back after you call their risk management office. As the claim stalls, the injured individual grows increasingly frustrated and impatient, until they give up on the case.

You should receive medical attention for any injuries suffered. Not only will this hopefully allow you to properly heal, but will also document your injuries so that they can be proven in court.

Going Up Against A Giant

As previously mentioned, Wal-Mart is the biggest retailer in the United States. As such, their lawyers are remarkably experienced defending against personal injury claims. Most retail stores carry public liability insurance to protect themselves against injury compensation claims. If a claim is filed against the company, the insurance company handles the claim, because the company has been paying premiums on an insurance policy.

However, Wal-Mart self-insures – in every state. Wal-Mart has set up a subsidiary called Clams Management, Inc. that acts as its own third-party insurance adjuster. Although it may feel as though you are dealing with an independent, third-party company, you should not be fooled. Claims Management manages, values, and tracks all claims against Wal-Mart. This means that any personal injury settlement comes directly from Wal-Mart, and not an insurance company. They have an extremely vested interest in contesting and significantly reducing compensation settlements reached in any personal injury claim filed against them. Because they oversee all claims filed against them, Wal-Mart has all the control in the situation, and they want to secure the best deal they can get. As a result, Wal-Mart has developed the reputation of being particularly aggressive when it comes to claims filed against them.

It’s Possible To Take On That Giant And Win

Recently, a Jacksonville woman won a slip-and-fall personal injury claim against Wal-Mart. A jury awarded Valerie Dantzler $1 million, and found Wal-Mart 80 percent responsible for her accident. Ms. Dantzler had gone to a cashier to pay for her items. After recognizing a price discrepancy, she returned to check on the price, where she slipped. The accident resulted in permanent nerve damage in a shoulder that had recently been operated on.

The case is of particular importance because Wal-Mart was defeated in court. Wal-Mart often prefers to take these cases to court, as opposed to settling, in an attempt to discourage frivolous lawsuits.

Do You Think You’ve Suffered A Personal Injury While At Wal-Mart?

It is quite possible that you have a legitimate personal injury claim suffered while at Wal-Mart. If you believe you have, it is important to seek medical attention and contact a lawyer as soon as possible. Remember to be diligent and thorough, no matter how discouraging the process may be. Keep in mind that you have suffered from a wrong-doing, and deserve to be compensated accordingly!

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Wal-Mart All Too Familiar With Personal Injury Lawsuits

Goldman Babboni Fernandez
Murphy & Walsh

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