An injury is the last thing you expect when you head over to your local Walmart. Yet, that’s precisely what happens to thousands of people every year when they’re on the property of a Walmart store. If you are one of these individuals, you most likely spoke to a Walmart associate who wrote up an incident report. In that case, the associate should have given you a copy of the report before you left the store. Another copy will be sent to Walmart’s claims department so that they can reach out to you and verify the details of your accident.
Of course, things don’t always go the way they’re supposed to, especially if you’ve been seriously injured. In that case, you were probably taken to the ER for immediate treatment and were unable to wait for a copy of the accident report. Even if you did obtain a copy of the report, the days after an accident are chaotic, and it’s easy to misplace things or throw them away. So, what happens now? Are you out of luck when it comes to getting a copy of the report?
We want to assure you that there are ways to get a copy of your accident report, even if you left the store without one or misplaced the one they gave you. However, Walmart’s claims department is not always cooperative when it comes to the release of incident reports. You will most likely face other hurdles in your journey to compensation, which is why it’s essential to learn about your rights and legal options. If you’ve had a slip and fall case or any other injury case at a Walmart store, contact the lawyers of Normandie as soon as possible.
How do I get a Copy of my Walmart Incident Report?
One method for getting a copy of your accident report is to go back to the store, where an associate may be able to give you a photocopy of what they have on file. You should try to speak with the associate that wrote up your report, since they are likely to remember you. But if they’re not available or you don’t remember their name, ask for someone in charge, like the store manager.
If you’re unable to get to the store due to your schedule or the extent of your injuries, you can call Walmart Claims Services at 1-800-527-0566. Unlike most major retailers, Walmart handles their own insurance claims instead of using a third-party administrator. So they will be handling your claim from start to finish, and you will not be dealing with someone outside the company. This should make it easier to get a hold of someone and request a copy of your incident report. But Walmart is no stranger to the games that insurance companies play in order to delay or deny a claim. It’s to Walmart’s advantage that you don’t have a copy of your accident report, so it should come as no surprise that they’re not in a rush to get it to you.
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Why is it Important to get a Copy of my Accident report?
If Walmart is not cooperating with your request for a copy of your accident report, you may be wondering, “Do I really need a copy of the report?” After all, Walmart assured you that they have the needed information on file, and you are eligible to file a claim with their insurance department. In that case, why should you bother asking for a copy?
The main reason is the possibility of errors or false information in your incident report. We’re not saying this is intentional, as anyone can make a mistake in the chaotic aftermath of an accident. But one simple mistake can cause your claim to be denied, or result in less compensation than you’re entitled to. In some cases, the mistakes are quite serious as they make it look like the victim is responsible for their own injuries.
Without your own copy of the accident report, you won’t be able to dispute these inaccuracies, thereby putting you at a direct disadvantage. Again, this may be an unintentional mistake on the part of the employee that took down your report. But Walmart’s claims department is no different than any other insurance company, and they will take advantage of any circumstance that saves them money.
Of course, knowing this won’t help you when you’re fighting with Walmart’s claims representatives for a copy of your accident report. Fortunately, there is an easy solution to this problem.
Can a Lawyer Help me if Walmart won’t Release my Incident Report?
If you are facing any type of resistance from Walmart in reference to your injury claim, it’s time to speak with an experienced personal injury lawyer. Our lawyers can obtain a copy of your injury report from Walmart Claims Services and ensure that the information on it is accurate. They can also speak to Walmart on your behalf and handle all correspondences related to your insurance claim. This is highly recommended, as Walmart’s claims adjusters will contact you in the days following your accident. They will most likely ask you for a recorded statement, which can later be used against you. Your lawyer can protect you from these tactics and make sure that Walmart does not have a reason to invalidate your claim.
If you have been injured at a Walmart and need help with an insurance claim, contact our law firm and speak with one of our attorneys.
Can I Sue Walmart if They Offer me a Low Settlement?
Yes, a lawsuit is possible if Walmart denies your claim or offers you an inadequate settlement. However, the first offer after the filing of an insurance claim is usually lower than what you’re entitled to. A lawyer can help you calculate a fair amount of compensation and negotiate a settlement on your behalf. The negotiation period takes a few months on average, but there’s no legal limit on how long you can negotiate a settlement.
The problem is when insurance companies refuse to compromise or engage in bad faith actions to avoid paying out a claim. In that case, your only option is to sue the company for your physical and emotional damages. The timing of a lawsuit is important, as most injury cases have a 2-year statute of limitations. That means your lawsuit must be filed within 2 years of your accident date, or you will most likely lose your right to sue for monetary compensation. It’s worth noting that the majority of accidents, like slip and falls, trip and falls, falling merchandise, etc., are settled during the negotiation period if you have a skilled attorney by your side. But if negotiations are not going as planned, Walmart may take you more seriously once they are served with a lawsuit.
If Walmart persists in denying responsibility or refusing to increase their settlement offer, we are more than prepared to fight for the full value of your damages. We will be happy to explain your legal options and answer all your questions during a free consultation. Please give us a call and schedule a time to speak with one of our lawyers.
What kind of Damages can I get from a Lawsuit?
In a lawsuit against Walmart, you can ask for compensation to cover the damages you have suffered as a result of your accident. What you can ask for depends on your injuries and personal circumstances, but the majority of retail injury lawsuits include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Legal fees
Your case may also qualify for punitive damages, which is granted by the courts in cases where the defendant’s negligence was especially outrageous (gross negligence). This compensation serves as a punishment to the defendant, as well as a deterrent to prevent other retailers from acting in the same manner. However, punitive damages are seen as excessive in most cases, which is why many lawyers won’t bother to ask for it. Our attorneys have the experience and confidence to fight for every type of damage you deserve. To learn more about the losses you can recover in a Walmart injury lawsuit, call Normandie Law Firm and schedule a free consultation.
Help from a California Personal Injury Attorney
California’s premises liability laws exist to protect victims who are injured on someone else’s property. If there is a hazard on the premises that the store knew about or should have known about, they are responsible for any accidents that occur as a result of that hazard. Unfortunately, Walmart has an impressive team of lawyers and insurance adjusters who are experts at denying payments to injury victims. If you are one of these injured individuals, don’t hesitate to contact the lawyers of Normandie.
Our attorneys have decades of experience with Walmart premise liability claims and know what it takes to recover a fair and adequate settlement. We also know that victims are not at fault for their injuries and should not have to pay for legal representation. Our Zero fee guarantee ensures that you will never pay upfront for any of our services. Since we work on contingency, our fees will be paid by Walmart along with your settlement once we win your case. And if you don’t get paid for the damages you’ve suffered, you are not responsible for any of our legal fees as a promise under the Zero fee guarantee.
If you’re ready to consult one of our attorneys, contact Normandie Law Firm and schedule a free case evaluation.
