I was at walmart today, and slipped and fell on a spill and twisted my ankle fell on my knee as well as my elbow. As soon as i slipped my mother had called for an employee to come over immediately. They had no wet floor signs anywhere. The employee called for a manager and he came over. He made the remark" there is a bigger puddle leading all the way up to this one" " I cant believe my team members did not clean it up" Basically stating he had knowledge of the spill. There were plenty of witnesses but he stated "there is no doubt you fell". and the spill was small so i paid no attention because i was christmas shopping.He gave me a paper to fill out for a claim. I then went to a hospital and got a report and i had contusions. I also took pictures of my injuries. do i have a case?also i will be calling the corporate office tomorrow, for the fact they had no wet floor signs. and knowledge of the fact there was already a spill and did nothing about it. I need to miss work tomorrow, which is due to this injury.
If you have been injured due to someone else's negligence, you may consider filing a personal injury lawsuit. If your injury is not serious you may want to pursue other options.
Prepare For Success
Gather all pertinent documents and any evidence at your disposal. Much of the record keeping should be done from the moment of the accident, before you even meet with your personal injury lawyer. Write down everything you remember about what happened, before, during and right after the accident. Videotapes, photographs and witness names and testimony will help a great deal. Then contact a personal injury lawyer. Your personal injury lawyer will take your case through civil court proceedings and will try and contact the other party to reach a settlement. Filing an official lawsuit may not be necessary.
Act Timely and Be Realistic
After suffering a injury you only have a certain amount of time to file a lawsuit. The statute of limitations varies by state. Illinois' is two years. If you miss the statutory deadline for filing a case, your case is thrown out of court. You may read about people being awarded millions of dollars after suffering minor injuries but serious "emotional distress" but these cases are rare. Be realistic about the damages on which you may collect reimbursement.
Work With Your Attorney
Your personal injury attorney will listen to your account of what happened, review your case carefully, and determine whether or not you have grounds to sue. If you decide to go ahead with a lawsuit, your personal injury attorney should handle all the legal proceedings and keep you informed every step of the way. Of course, you can file a lawsuit by yourself, but having a personal injury attorney is highly advisable, because trying to navigate the legal system without any expertise is very difficult. Personal injury lawyers draw almost entirely from court decisions and theories published in the legal community. Your attorney will explain the laws that apply and that will govern your case. Make sure you ask questions and understand the answers your lawyer advises you about.
You have a case, but only a small claims case. Fortunately your damages do not appear to be serious. Walmart's claims people should settle for a few hundred dollars plus your out of pocket medicals.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
I'd just like to add that no one has enough information to determine the amount of damages you have, and how much you should settle for. So any suggestion that you merely have a small court claim worth a couple hundred dollars should be viewed with caution. If in fact the questioner did only suffer some minor contusions with pain that lasted a day or two, then this may be this case. However, there is always the potential, especially this early after the injury that there could be more permanent damage that has not yet been discovered.
I would view any response to these postings that affirmatively states the type of claim you have (i.e. small, limited, unlimited) and provides an estimated cost/value of the claim with skepticism.
You should seek medical care and treatment. You may well have a case, however, I caution you against giving any form of a statement to Wal-Mart.
Contact a personal injury attorney in your area and see if an attorney is in a position to undertake your representation before making any decision about dealing with Wal-Mart in anyway on your own .
You may also find it helpful to review some of the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
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 insure proper advice is received.
Contact a personal injury attorney and discuss your options. Do not discuss this matter with anyone until you have spoken to counsel
My law firm handles slip and fall cases all over the State of California including Tracy, CA. I have done many cases against Walmart and have several going right now. The biggest mistake you can make it to think that they are going to help you without an attorney. You may call me for a free consultation at 800-816-1529 x.1, or check out my slip and fall website at http://www.slip-and-fall.net .
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline