Legal Question in Personal Injury in Texas

Re: fell at Walmart

As a practical matter, if you do not claim injuries at the time of the accident, your case will be very difficult to prove and win. Walmart especially is very tough to deal with, and they almost never settle "out of court." Juries also are very skeptical of someone who doesn't complain of injuries at the scene but then later says they were injured. Of course, a fall is an embarassing event, and it is possible for a person to not feel the full impact of the injury until the next day. In that case, it is important to hire a lawyer immediately and see a doctor immediately! You should NOT go back to the store yourself after the accident. Have an attorney send the notice of injury to the store on your behalf.

Re: fell at Walmart

It's best to do it at the time. If not, you may have a difficult time proving that the fall even occurred. Many stores now capture falls on videotape. So, even if not reported right away, you might be able to easily convince the store that you actually fell. If the store has reason to doubt your story, then it will not settle with you out of court and, absent good witnesses, a lawyer will be reluctant to pick up your case.

If employees of the store know about your fall and it's a question of claiming injury, you should, once again, seek medical attention as soon as possible. The store will be reluctant to agree you were injured by the fall if the gap in time is too great.

Re: fell at Walmart

The statute of limitations on filing suit for such a claim is 2 years from the incident. If you need medical attention you should retain a lawyer to represent you. Be sure to keep good records of the incident, any witnesses, the money you spent, the health care providers you saw.