With over 4,000 stores throughout the U.S., a shopping trip to Walmart is a part of most people’s weekly routine. Unsurprisingly, Walmart receives thousands of lawsuits every year from those who are injured on their premises. If you have been injured at Walmart or have a pending injury lawsuit against Walmart, you probably have many questions going through your head, including “How much time do I have to wait before my case is settled?”
We hear you. It’s frustrating to struggle with an injury, knowing that medical bills are piling up and you’re missing time from work. Unfortunately, personal injury lawsuits cannot be resolved overnight, and there is no set timeline that applies to every case. We can, however, give you a general timeline based on our previous cases for Walmart injuries. Additionally, we will cover the steps that have to be taken prior to and during your lawsuit, so you can understand why this process takes time. But please keep in mind this information may or may not apply to your specific case. In order to do that, we would need to know the severity of your injuries, how they will affect the quality of your life, and many other factors.
To speak with a lawyer about an injury case against Walmart, contact the Normandie Law Firm.
Injuries That Can Happen at Walmart
Walmarts are usually packed all day long, and it’s easy for people to bump into each other or knock things over during their visit. However, Walmart is responsible for keeping their premises as safe as possible for their visitors. If a customer or delivery person is injured as a result of Walmart’s negligence, they may be sued in a lawsuit for monetary compensation. Below are some of the most common sources of injuries at Walmart:
- Slip and falls on slick surfaces
- Objects falling from shelves
- Tripping over packages and equipment in the aisles
- Car accidents in parking lots
- Assaulted by store employee
- Slipping on water or other spills on the floor
- Slipping or falling on ice, snow, or debris in the parking lot
One or more of these injuries can have serious, long-term consequences, including spinal cord damage, traumatic brain injury, or paralysis. Knowing the full extent of your damages will help your lawyer calculate how much you should ask for. Generally, the more serious the injury and the longer it takes to recover, the more compensation you can ask for. But there are other factors to consider, like the emotional trauma (pain and suffering) and your lost wages if you lose your job.
That’s why your lawyer has to take certain steps before they can demand for compensation. So let’s go over the initial steps to a personal injury case against Walmart.
Our Recent Verdicts and Settlements
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Average Length of Time to Settle an Accident at Walmart
As we mentioned, it’s not possible to give an average settlement time for a Walmart lawsuit, since each case is different. However, all cases go through the same resolution process, which typically involves:
- The Medical Assessment
Taking care of your medical needs is the first priority when you’ve been injured at a Walmart. Not seeking medical attention right away can compromise your recovery, as many wounds get worse over time without treatment. Furthermore, it’s best to have medical records and police reports documenting your injuries right away. If you wait on this, Walmart’s insurance company may dispute the seriousness of your injuries. They can also argue that your injuries could have come from somewhere else.
Even if you’ve been to the hospital, your lawyer will arrange a medical assessment in order to gauge the full extent of your injuries. This can take anywhere from a few weeks to a few months depending on the nature of your injuries. Why so long, you ask? For one thing, you don’t want to be stuck with too little compensation. Unless your lawyer understands how hurt you are and what the full recovery process will entail, they will not be able to calculate a fair settlement amount.
You may also have complex injuries that you may never fully recover from. Or, there’s a chance the injuries will get worse over time, so you will have to wait and see what develops. Multiple assessments over several months may be required to ensure that you ask for a fair amount of compensation.
- The Investigation
Liability, or proving who is responsible for your accident, is a crucial part of your injury case against Walmart. To prove that Walmart is liable, your lawyer will conduct a thorough investigation of your accident, which will include, but is not limited to:
- Gathering police reports and witness statements
- Viewing CCTV footage
- Taking photos at the scene of the accident
- Requesting expert opinions
This process can take several weeks or many months, depending on the complexity of your injuries. Other factors, like cooperation from witnesses, can also add to the timeline. These are circumstances that you and your lawyer have little control over, so keep that in mind when it seems like the investigation is taking forever.
- Negotiations
You’ve completed the medical assessments and gathered all the evidence you need to support your compensation claim. At this point, your lawyer will send Walmart’s insurance company a demand letter, requesting a certain amount of funds to be paid out by a specific date. The insurance company will send back a counter-offer, and you will either accept it or send back another offer.
There’s no specific timeline for how long this process goes on, but a skilled lawyer will keep certain things in mind. For example, how far are you from the statute of limitations? In California, you have two years from the time of your accident to file an injury lawsuit or claim for wrongful death compensation. Your lawyer will also evaluate the insurer’s attitude, and whether or not they’re taking your case seriously. If they’re not, it may be best to file a lawsuit immediately in order to show them that you won’t back down.
Keep in mind that there are strict deadlines for filing and serving a lawsuit. The defendant (responsible party) has a deadline to respond and it’s important to stay on top of that. However, that can be difficult when you’re still trying to recover from your accident. The Walmart lawsuit attorneys of Normandie will file your paperwork in a timely manner and ensure that there are no unnecessary delays.
Why Have They Not Offered Any Money?
It’s undeniably upsetting as the weeks go by and there is no response to your demand letter from Walmart. However, this doesn’t mean that they’re not taking you seriously. Frankly, Walmart receives thousands of lawsuits a year and it takes time for their lawyers to review each of these claims. It’s also worth noting that settlement offers and counter offers have to be done in writing, so answers won’t come as quickly as emails and texts. Having said that, Walmart is not quick to admit liability and pay out accident claims, so it could be weeks before your lawyer hears back from them.
Your lawyer should be communicating with you regularly on this issue, even if it’s just to tell you that they haven’t heard back from Walmart yet. At some point, however, you may have to proceed with a lawsuit if you feel like you’re being ignored. You may also have to sue Walmart if they continue to offer settlements that are much lower than what you’re asking for. In that case, your lawyer will file the injury lawsuit and make sure it’s served within 30 to 60 days. If Walmart files a response within 30 to 45 days, you will move on to the discovery phase of the lawsuit.
The discovery process, also known as the pre-trial process, can take a year or more. There’s a lot to do during this time, including:
- Deposing, or questioning your own witnesses, as well as the other party’s witnesses.
- Undergoing independent medical exams by doctors that are hired by Walmart. Your lawyer will attend the exams with you, or make sure you are fully prepared for the process.
- Gathering experts to testify on your behalf. At this point, you are unable to negotiate a settlement after many months, and will have to prepare for a trial. Both sides have to disclose their list of experts and what they will discuss in their testimony. Each side has the chance to depose each other’s experts, which can take up to several months on average.
What are My Rights?
This is a question we get frequently as we approach the trial process. Most clients have never been to court and are fairly nervous about making mistakes or not understanding their rights. First, it’s important to understand that most cases don’t go to trial. Both sides in a lawsuit want to settle things out of court, which is a very expensive process. The courts want this as well, which is why they usually order a settlement conference in the form of mediation or alternative dispute resolution. By this point, it may be a year or more since you’ve been fighting for compensation, and both sides are eager to wrap things up. As a result, most cases are settled through mediation, which can take as little as two days.
If you and the other party still can’t come to an agreement, then you will request a trial date and prepare to argue your case in front of a judge and jury. The length of a trial can be anywhere from a few days to a few months depending on the evidence and testimony from both sides. Again, most cases do not get to this point, but there are valid reasons to fight for the full value of your claim. Some injuries result in permanent disability or other life-changing consequences, and it’s not fair that victims should accept a settlement that’s far below their needs. Whether or not you should go to trial is ultimately up to you, but a knowledgeable attorney can help you make an informed decision.
Why is My Lawyer Taking So Long?
As the months go by, you may find yourself asking, “Why is it taking so long to get an answer on my case?” You may also be wondering about your lawyer and if they’re doing everything they can in your Walmart injury case. In truth, there is no short cut to recovering damages in a personal injury lawsuit, and there will be a lot of waiting in between each phase. Still, attorneys are responsible for keeping in touch and doing everything they can to speed things up. You should be important to them, and you should not feel like a case file that they can stash away for months at a time.
Sadly, some lawyers prioritize dollar signs over the quality of representation they provide for their clients. It’s not unheard of that clients go without answers for months, only to be pressured into inadequate settlements out of fatigue and desperation. Of course, that doesn’t mean your lawyer isn’t doing their job. They could be doing their utmost to fight for your damages, but there are various factors that are beyond their control. That’s why you should always obtain a second opinion from another attorney before you give up on your lawyer.
Our Los Angeles attorneys can review the work your lawyer has done so far and give you an honest assessment. Call us today and schedule a consultation for a free second opinion.
Can I Switch My Lawyer?
Yes, you can switch your lawyer during a personal injury case against Walmart. But there are some things you should consider before you make the change. First and foremost, make sure you review your contract, which should have clear terms for dissolving your relationship with your current attorney. We recommend coming in to see us for a free second opinion, so that we can go over anything that is unclear to you. Additionally, we can review your case and verify whether your attorney is doing everything they can on your behalf.
If it’s in your best interest to switch over to us, we will take care of all the details like contacting your current lawyer and working out a contingency agreement with them. Depending on how far you are in your case, your lawyer may be entitled to payment for the work they have done. If they are working on contingency, as our law firm does, they would only get paid if they win your case. So they would be awarded a portion of the fees we recover on your behalf, which we will make sure to work out with them.
We will be happy to advise you in this area, along with any other questions you have about your case during a free consultation. Contact us and speak to a lawyer that can help you with a claim for injuries at Walmart.
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