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SECRETS of Walmart Slip and Fall Injury Claim Handling Exposed!

By Stewart J. Guss on January 11th, 2014

With thousands of store locations throughout the United States getting 138 million store visits per week, chances are you gone to Walmart more than just once! While there are no definitive published statistics, anecdotal evidence (and my 20-plus years experience handling serious slip and fall injury claims) indicates that more slip and fall injuries occur at Walmart stores than any other major retailer in the country.

If you fell and injured yourself at Walmart, call the legal team at Stewart J. Guss, Attorney at Law. We are open, for free, 24 hours a day, seven days a week, at 800-898-4877, or you may contact us now by CLICKING HERE to submit your case for review.

Walmart Will Fight Your Claim. We Fight Back!

The frequency of Walmart slips and falls is a problem because of the way the retail giant treats injured accident victims. Slips and falls can result in surprisingly serious and debilitating injuries, including:

  • Neck and back injuries
  • Broken bones
  • Spinal cord injuries
  • Traumatic brain injuries (TBI)
  • Soft tissue tears

When you are struggling with a serious injury because Walmart was negligent, you expect Walmart to cover your bills, right? Unfortunately, Walmart makes it as difficult as possible to recover the compensation you deserve. Our law firm is ALL too familiar with how Walmart handles claims, and the following are some INSIDER SECRETS we’ve learned. Knowing these secrets allows us to take the upper hand and help Walmart slip and fall victims get the full value of their claims!

SECRET NUMBER ONE

Instead of using its record-breaking revenue—$123.18 billion in one quarter!—to pay valid claims, Walmart has an ENTIRE company dedicated to avoiding responsibility for injury claims—“Claims Management, Inc.” If you suffered injuries at a Walmart store, an employee of Claims Management, Inc., or CMI, probably contacted you. CMI is the company that Walmart uses to try to mitigate and minimize the effects of the thousands of injury claims filed against it every year. Think about that—there is a whole corporation out there whose sole purpose is to try to avoid responsibility and minimize what Walmart pays when people sustain injuries because of Walmart’s negligence.

CMI knows the ins and outs of Walmart slip and fall claims. They know what works when trying to limit Walmart’s liability, and they will try to do that EVERY TIME. Their loyalty belongs to Walmart and Walmart ONLY, and never to a slip and fall victim. No matter how serious your injuries, Walmart instructs CMI to defend the company and limit payouts whenever and however they can. When you file a claim with CMI, you are essentially filing a claim with the enemy.

Unfortunately, this is your only option for an insurance claim, so you need to know what you’re dealing with! Read on for more insider secrets, and contact our law firm for FREE to discuss how we successfully handle CMI claims.

SECRET NUMBER TWO

CMI will say anything to get your recorded statement. DON’T DO IT! I have been amazed in my career at the number of different things that people have told me about dealing with CMI before they hired me. The one universal constant is that CMI will say and do just about anything to take your recorded statement after a slip and fall injury at Walmart. It is quite common for CMI representatives to tell people that they have a “right” to take a recorded statement. This is simply not true!

A defendant in a personal injury claim has no “right” to a recorded statement before filing a lawsuit. While Walmart can take a plaintiff’s deposition after a claimant has filed a lawsuit, at least the plaintiff’s lawyer is present to prevent abuse and misrepresentations during that point in the process. CMI representatives will often tell people that they are “just trying to help them get their medical bills paid” when they ask for a recorded statement. Once again, this is not true. Remember, the goal of CMI is to help Walmart AVOID paying for those medical expenses.

Some CMI adjusters will even promise you that if you just give them a statement, they will rush your claim through the system. This is also NOT true. It may result in an embarrassingly low offer faster, but NEVER let that end your claim. Once you start standing up for your rights and REJECT their lowball offers, they can draw your claim out whether you gave a recorded statement or not!

You may wonder what the harm is in answering some questions on a recorded call. Take it from us that giving a recorded statement has been the downfall of many insurance claimants. CMI representatives know what questions to ask and what to say to get you to unknowingly make comments that go against your interests. While their questions may seem harmless, they are hanging on every word you say, searching for anything they can use to limit Walmart’s liability.

Imagine making an offhand comment like, “This isn’t my first fall, since I’ve always been a little clumsy.” You may think that’s just self-deprecating, but the representative reports:

  • You’ve fallen before, so a previous fall may have caused your injuries
  • You are prone to falling due to a lack of coordination, so you are at least partially liable for your slip and fall

They can turn what you say around and use even meaningless comments to the detriment of your claim.

SECRET NUMBER THREE

Claims Management, Inc. will imply that it has accepted responsibility and will pay your medical bills. DON’T LET THEM FOOL YOU! I am constantly amazed at the number of clients who have hired me several weeks or months after a slip and fall injury incident at Walmart who tell me the exact same story:

  • When they first spoke to the claims representative at CMI, the representative indicated that Walmart would pay for their medical bills.
  • They told me that the CMI employee was kind, concerned, and very sympathetic.
  • In light of such kind treatment and implications that CMI would pay their bills if they would only cooperate with the investigation, my clients then proceeded to give statements and take actions that went directly against their legal interests.
  • Then, days or weeks later, with medical bills in hand (sometimes thousands of dollars in medical bills), they learn that CMI denied their claim.

The “peaches and cream” they heard from the lips of the CMI representative somehow turned into curdled milk and rotten fruit. Unfortunately, more often than not, my clients’ claims were denied because of the statements they themselves gave to the “kind and caring” CMI investigators over the phone. (See secret number two!) Then we got involved, and the story changed.

You may wonder how insurance adjusters at CMI can get away with making empty promises or even lying to get the information they need to limit or deny your claim. The truth is that a lot of their actions may violate the insurance adjuster Code of Ethics (YES, THERE IS ONE!!). However, when their employer, CMI, instructs them to use these tactics, they want to keep their jobs and even earn benefits for limiting payouts.

SECRET NUMBER FOUR

CMI may share information about your claim with others. CMI’s own “privacy policy” states that it can share personal information about you and your claim whenever they feel “…sharing is necessary to protect the safety, property, or other rights of our associates, or any other person.” Hmm… “Necessary to protect the property rights of any other person”? In other words, CMI can share information with other corporations and insurance companies about your claim in case someone wants to use that information against you. Welcome to Walmart, ladies and gentlemen, and say hello to Big Brother!

SECRET NUMBER FIVE

CMI adjusters will try to minimize your injuries and losses as much as possible. Your injuries are obvious—to YOU. After all, you are going to doctors, physical therapists, and many other treatment appointments. YOU are feeling the pain of your injuries, the limitations that keep you from working, and impairments that may even keep you from picking up your children. YOU know how bad your injuries are, so you may feel shocked when the insurance company acts like your injuries are not that serious!

Many people have this exact experience. The insurance adjuster may ask for your medical records and bills, as well as your pay statements showing missed work, so you cooperate and send them in. You assume that your records give a CLEAR picture of your suffering. They show all the treatments you needed and will need in the future. These documents show how long you had to stay home from work and how much income you lost. So why does the adjuster come back and offer you FAR less than you expected?

The truth is that adjusters don’t ask for all your records to simply compare them with the amount you’re claiming. Instead, they want to carefully examine each little bit of your documents to find ANY evidence that your injuries aren’t as severe as you claim. After you send in your records, you may all of a sudden find it hard to get in touch with the adjuster—the SAME adjuster who was calling you every day. Now, they are taking as much time as they need to tear your documents apart to claim any of the following:

  • Your injuries did not all come from the accident
  • You exaggerated your pain and suffering
  • All of your treatments were not necessary for your injuries
  • You didn’t have to miss as much work as you did

Of course, they make these claims in cases involving COMPLETELY valid claims. They do anything they can to limit your losses and minimize your injuries, so they can make you believe you deserve a much lower offer. NEVER fall for this trick and accept a lowball offer. Our law firm can tell you what you TRULY deserve, and the insurance company will never do that!

SECRET NUMBER SIX

CMI can cause frustrating and unnecessary delays. When your medical bills are piling up and you still can’t work because of your slip and fall injuries, you will understandably feel impatient to receive your settlement check. After all, you don’t want to fall behind on your mortgage, car loan, or other bills. Even if you have savings for unexpected events, that can run out quickly! At the same time, the CMI adjuster seems to have fallen off the face of the earth, and you have no idea why your claim is taking so long.

Delaying a claim is yet ANOTHER tactic that CMI representatives use to take advantage of Walmart accident victims. They KNOW you need your settlement, and many of these delays are highly unnecessary. Instead, they are hoping that you get so desperate to pay your bills that you will accept any offer on the table. After a while, they will make an inadequate offer, and way too many people take it because their bills are overdue from losing income.

Also, if your health insurance is trying to avoid covering the costs of treating your accident-related injuries, your doctors may demand payment. Even if they know you are in a Walmart insurance claim, they may begin to get impatient as time passes. You know you need more treatments, and you know you don’t have the funds to cover the costly medical bills, so you might feel more willing to accept whatever they offer.

Finally, your claim might come to a standstill if the CMI representative realizes how serious your injuries are. At first, the adjuster will likely tell you that you do NOT need a lawyer. (NEVER listen to this advice.) However, once they look at your records and realize you have a high-value claim, they may refuse to go any further with your claim until you have an attorney. You can avoid many of these delays by hiring our slip and fall law firm right from the start!

SECRET NUMBER SEVEN

You are not the first nor the last person who experiences problems with CMI! While this may not help you get your claim settled faster, you may feel a little better knowing that many unrepresented people have undergone similar experiences with CMI claims. The Better Business Bureau (BBB) reports the following as of the time of publishing:

As you can imagine, many people don’t take the time to write a review or file a complaint with the BBB. The majority of CMI claimants simply cut their losses and move on. However, these reviews and complaints give you an idea of how CMI’s regular claim practices further hurt people injured in Walmart stores.

The good news is that you don’t have to be one of these claimants. Don’t let CMI try to take advantage of your injured state by wrongfully delaying or denying your claim. Instead, call our legal team AS SOON AS POSSIBLE. CMI knows they cannot take advantage of us, and that we will STAND UP to this company for our clients!

SECRET NUMBER EIGHT

Believe it or not, it can be possible to recover full compensation with the right law firm on your side. It is NOT always hopeless after a slip and fall at Walmart. While the corporation might aggressively fight liability for its negligence, our law firm aggressively FIGHTS BACK HARDER. Just because Walmart is a multi-billion dollar company doesn’t mean they should get to bully their customers. We are not intimidated by Walmart and its resources, because we also have the resources needed to protect the rights of our clients!

When it comes to handling your CMI insurance claim, our law firm can assist you in many ways, including the following:

  • Establishing Walmart’s negligence – Walmart won’t simply admit to negligence. Instead, to hold the store liable for your injuries, you must prove that employees allowed a dangerous hazard that led to your slip and fall to persist. We will work with you to investigate the situation and prepare to make your case.
  • Determining the value of your claim – Calculating your total losses can prove more challenging than you think! Many people simply add up their medical bills and claim that amount. However, your claim may grow much larger than that. You may have costs you didn’t think about, such as time off of work for appointments, medications, or medical equipment. Did you need extra childcare because of your treatment? Did you lose income? Did you miss important events and experience pain? We know the questions to ask to determine the FULL amount you deserve after your slip and fall.
  • Handling all communications with CMI – As we’ve discussed, CMI representatives are VERY good at getting people to say things that CMI can use against them. To prevent this, our law firm handles EVERY SINGLE communication with CMI. This includes phone calls, document submission, and more. We can tell when an adjuster is trying to delay a claim, and we’ll point it out!
  • Reviewing settlement offers – When a settlement offer comes in, you shouldn’t always get excited. We know the first offer—or first few offers—will likely not even come close to paying for all of your injuries. We review your offers, discuss your decision with you, and contact CMI to FIGHT those low offers and negotiate for the full value of your claim.

If CMI still refuses to make the right offer, we can take your case to court! With the RIGHT law firm on your side, you don’t have to worry about CMI and its tricks.

Time and again, clients have contacted me to tell me the same horror stories over and over about dealing with CMI representatives after a Walmart slip and fall injury accident. Time and again, I’ve put on my shining armor and gone to battle against the Walmart dragon. I’m proud to say that I have had numerous victories for my clients after Walmart slip and fall injury accidents, including numerous recoveries in excess of six figures!

While slip and fall injury cases are some of the most difficult cases to prove, and while I can’t promise to win every case I take, I CAN promise you this: I will do EVERYTHING I can to combat Claims Management, Inc. and its tactics and get you the compensation you deserve if you suffered injuries in a Walmart slip and fall accident.

Call for a COMPLETELY FREE Consultation with Our Walmart Slip and Fall Lawyers!

Have you sustained serious injuries in a slip and fall accident at a Walmart or Sam’s Club? Were you tricked or deceived by CMI’s claims handling practices? Please tell me about it HERE, and help me preserve the rights of those injured at Walmart!

The more we know about CMI and its practices, the less we trust them! We’ve talked with clients firsthand who struggled with the CMI insurance process on their own, only to realize the importance of having the right law firm on their side. We know CMI’s secrets of how they handle Walmart slip and fall claims, and when they hear we are on the case, they know we mean business. For this reason, we have successfully obtained full settlements for many clients who slipped and fell at Walmart. You have NOTHING to lose by calling to learn more about how we can help you. Consultations are always 100 percent FREE OF CHARGE.

Nationally recognized slip and fall attorney and legal professionals Stewart J. Guss, with principal offices in Houston, Texas, has spent 20 years helping victims protect and preserve their rights after a slip and fall accident at Walmart and many other retail and business establishments. For a free consultation, please call us right now at 800-898-4877 or contact us now by CLICKING HERE. Remember, there is no charge for the consultation, and we charge no fee unless we win your case.

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