I fell at a Walmart store over a section of equipment left in the walkway in the outisde materials dept.., They have video ..

Asked almost 2 years ago - Charlotte, NC

Now the insurance company is making me feel like a criminal. They are call me tomorrow for my "statement" as to what happened.. So they can determne if I am entitled to have my medical bills paid. I am 76 years old and could lose the use of my left hand,

Attorney answers (6)

  1. Timothy Shawn Howard

    Contributor Level 12

    7

    Lawyers agree

    Answered . I would not recommend giving a recorded statement until you have spoken with a local personal injury attorney. Most personal injury firms offer free consultations and take cases on a contingency basis. This means that you pay them a portion of any recovery from the insurer but do not owe any fees along the way. If you don't reach a settlement or obtain a verdict, you wouldn't owe anything.

    T. Shawn Howard
    www.maginnislaw.com

    The information provided should not be considered legal advice and does not create an attorney client relationship.... more
  2. John Locke Milholland IV

    Contributor Level 11

    5

    Lawyers agree

    Answered . Avvo Email - Rated Professionals. Expert Advice.Be very careful when talking to the Insurance adjustor when providing a statement. Talk very little, if at all. Do not talk if you feel pressured, manipulated, or as if they are twisting your words. You do not have to talk to them. You can consult a lawyer about your case first.
    ***Disclaimer***
    The above answer is intended to apply only to the jurisdiction where Locke is licensed to practice, North Carolina. The response is not intended to, nor does it, create an attorney client relationship. The response is based only on the limited facts presented. Different or additional facts may result in a different response.

    **Disclaimer** I am licensed to practice in North Carolina. I practice out of Raleigh and Wake County. This... more
  3. William David Owens

    Contributor Level 8

    5

    Lawyers agree

    Answered . Under no circumstances should you give a recorded statement to Walmart prior to consulting with an experienced premises liaibility/slip & fall attorney in your area. Under NC law, you are not entitled to recover your medical expenses (and other damages) just because you got injured on their property. You must first prove that the property owner was "negligent" in the manner in which they maintained their premises. BIGGER PROBLEM: In North Carolina, if the evidence shows that at reasonable person in your shoes would have seen the equipment and avoided tripping/falling, then you will be deemded "contributorily negligent", and this "contributory negligence" bars your claim. (i.e. you get nothing.) In a recorded statement, the professional Walmart liability adjuster will seek to establish negligence on your part. Once they are successful, the claim will be denied. At that point, it will be too late for you to hire an attorney....(not because the claim is denied, but rather, because you've already gone on the record and provided evidence of your own negligence.) Good luck with the claim.
    William Owens
    Owens & Miller, PLLC
    4030 Wake Forest Road, Suite 101
    Raleigh, NC 27609
    Phone no: (919) 719-2750
    Fax no: (919) 516-0063
    www.owensmiller.com

  4. Timothy Leo Bowden

    Contributor Level 14

    6

    Lawyers agree

    Answered . I agree. Walmart is definately very aggressive in handling these claims.

    Tim

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Don't say another word to the insurance company. Don't give a recorded statement. Retain a personal injury lawyer immediately so you don't potentially sabotage your claim.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Mr. Owens is absolutely correct.

    I would recommend against giving them a statement at this point. You have nothing to gain and everything to lose by giving a statement. This situation may be more complicated than you realize. You need to get a personal injury lawyer to help you before you discuss the situation with anyone else. And don't post any more details online, either.

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