FELL IN BAYTOWN WALMART DO I NEED A LAWYER

Asked over 2 years ago - Baytown, TX

I FELL AT WALMART BAYTOWN HURT BOTH KNEES AND MY LEFT ARM (elbow). THIS HAPPENED ON FEB 04 2012. WENT TO HOPSPITAL NEXT DAY THE DIOCTOR SAID I HAD SPRANG MY KNEES REALM BAD. BUT, MY RIGHT KNEE IS STIILL NOT RIGHT AND THE LEFT ONE I HAVE TON BE REAL CAREFUL HOW I WALK OR TURN OR STAND. THEY DIDNOT DO A XRAY ON MY LEFT ARM. I CANT HARDLY USE IT AND ITS SWOLLEN AND HURTS ALOT. I CANT AFFORD TO PAY FO9R ANYMORE MEDICAL. I FILLED OUT A REPORT AT WEALMART THE DAY IT HAPPENED. THANK U FOR YOUR TIME. PAMELA WHITE

Attorney answers (9)

  1. Steven A Schwartz

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . Hi Pamela,
    Unfortunately, you did not say how or why you fell, so it is impossible to tell whether you have a claim or whether you need a lawyer. I would suggest you contact a slip and fall lawyer in your area to discuss the specifics. Good luck.

    Steven A. Schwartz
    Attorney/Partner

    JOEL H. SCHWARTZ, P.C.
    One Washington Mall, 16th floor
    Boston, MA 02108
    (617) 742-1170
    (800) 660-2270
    (617) 250-2072 fax
    sas@joelhschwartz.com
    www.joelhschwartz.com

    The information provided is based solely on the question and facts presented. The information presented should not... more
  2. Randy William Ferguson

    Contributor Level 19

    9

    Lawyers agree

    Answered . Walmart does not have medical payments coverage.(not in Alabama) They are self insured. Claims Management will call you and take a recorded interview. They are not on your side. They are recording you so that they can get enough infomation to deny your claim. Do not give a statement without an attorney. Get whatever treatment you can afford, or see if your attorney can help.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. Aaron P. Marks

    Contributor Level 11

    7

    Lawyers agree

    Answered . Pamela,

    I am litigating against Wal-Mart in a very similar case right now. You need
    an attorney refer you to doctors for medical treatment. I'm assuming you
    lack health insurance and that is why treatment has been delayed. Please
    call my office this afternoon.

    Regards,

    Aaron Marks
    404-939-1485
    --
    Aaron Marks, Esq.
    The Marks Law Group, LLC
    103 W. Dearborn Circle
    Decatur, GA 30030
    www.markslawgroup.com
    aaron@markslawgroup.com
    404-939-1485 (ph)
    404-581-5902 (fx)

    -- ATTORNEY-CLIENT PRIVILEGED; DO NOT FORWARD OR DISCLOSE WITHOUT EXPRESS PERMISSION. Communications from... more
  4. Neil P. Flynn

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . Whether you can make a successful claim against Walmart will depend on several factors, the most important being: What made you fall? Unless there was a dangerous, hazzardous, or defective condition that made you fall, the landowner will not be liable in a case like this, and might not be even if the condition existed.

    you would also have to show that the landowner had notice of the condition and a chance to fix it or clean it up before you got hurt

    you should speak to a local attorney and make sure you have the answers to these questions when you meet with him.

    I've been litigating civil cases in New York for almost fifteen years including personal injury, medical... more
  5. Roger K Gelb

    Contributor Level 4

    6

    Lawyers agree

    Answered . While we don't know how you fell, and therefore are unable to guide you regarding liability, regardless of fault, please be aware that there may be medical-payment coverage available that pays at least a portion of your medical expenses regardless of liability. I would urge you to discuss this matter with a local personal injury lawyer promptly.

  6. Robert C. Slim

    Contributor Level 14

    4

    Lawyers agree

    Answered . Over the past 15 years or so, Texas law has really made it very difficult to prevail in a premises liability case. From your description, I cannot tell if you have a good case or not. If you fell due to some random spill on a shopping isle, those are very difficult (if not impossible) cases to win. If you fell due to some defect in the flooring, a water leak, or a freshly mopped floor (where there was no warning signs), your case looks a little bit better.

    Furthermore, without knowing the full extent of your injury, it would hard to evaluate your case. Since premises liability cases are so risky and time-consuming for the lawyer, they usually cannot justify taking them unless there is a serious injury involved.

    Visit my website for more information on "premises liability" cases.

  7. Duane Douglas Mena II

    Contributor Level 4

    2

    Lawyers agree

    Answered . Hi Pamela,

    As many of my colleagues before have stated, we would need some additional information to give an educated opinion on your case. But I would suggest you contact an attorney in your area anyways. Feel free to give me a call and I can point you in the right direction. I have several friends in that area that I'm sure could help you out. My information can be found on my profile.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You would want to retain a personal injury lawyer in your state to investigate whether there was negligence on their part. I have settled probably 6 dozen claims, and they have always settled, so I would be optimistic. Good luck.

    Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.... more
  9. Jimmy D. Speed

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You should consult an attorney in Texas to see if the attorney can help you.

    This answer is for informational purposes only and is a general response to a general question. This answer is... more

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