My 5 year old fall while in waltmart, there was boxes & stuff on the floor, my son was walking and he fall, he cut his finger then complain about pain on his leg. Store manager could not do the accident report because she claims she didnt know how to do it so she had us fill out the form and she signed it then told us to take my son to the hospital & their claim department would take care of the bills. now 3 months later i received bills from the hospital and they claim was not the store fault & refuse to pay for his medical bills, when i requested to review the video of the store were my son fall the claim adjuster stated that he base his information on what the store employees told him & also told me that i cannot review the video because it was waltmart policy.How can i handle this?
A negative video is a typical defense (whether true or NOT), and a personal injury lawyer should be retained to verify the veracity of this assertion.
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Personal Injury Lawyer
You cant force them to produce the video unless a lawsuit is filed and video is demanded in discovery. The burden is on you to show the store was negligent and that caused your son to fall. if his injuries are small and bills are not high, it may not be a big enough claim for a lawyer to take. You should consult with some local injury lawyers and see if they are willing to take the case. wal mart does not roll over easily, as they have lots of stores and lots of claims. They do not want to get a reputation of being easy or generous in claims.
Car / Auto Accident Lawyer
Consult an injury attorney to obtain and review the evidence and the tapes.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
I agree that the only way to FORCE Wal Mart to turn over the video is via a discovery request after a lawsuit has been filed. If your case qualifies for small claims court, however, you may have another option. Claims filed in small claims court are limited to $10,000.00 or less, and Wal Mart WILL have an attorney representing them. Small claims court is designed to be more relaxed, however, and allow Texans to represent themselves. The Judge will allow "reasonable" discovery, and I would guess that getting a copy of the video in which your son was injured would be reasonable. (Keep in mind, that is just my guess.) Most importantly, I hope your son is doing much better and has recovered from his injuries! Good luck.