Can I sue Walmart
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Can I sue Walmart
I was walking in the store and looked back for a
second and ran into a metal pole. I hit my head so
hard I had to see a doctor and my head still hurts. I
have been having trouble eating and sleeping due to
the pain. There were no warning around the pole and
nothing around it to stop people from hurting
themselves on it. Can I sue Walmart for this?
Asked on December 29, 2018 under Personal Injury, Texas
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
Prior to filing a lawsuit against the store, it may be possible to settle the case with the store's insurance carrier. Notify that insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the store's insurance company should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the store's insurance company, NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the store's insurance company, reject them and file a lawsuit against the store based on premises liability.
If the case is NOT settled, your lawsuit against the store must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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