If you’ve been in an accident with a Walmart Truck in California, you can sue Walmart for damages. The first thing you would need to do is submit a demand letter for compensation with Walmart’s Claims Management Inc. This a company created by Walmart to handle all of its liability claims. You can write your own demand letter, however, we recommend letting one of our Truck Accident Attorneys compose it for you.
What Goes into a Demand Letter?
In a personal injury lawsuit like a Walmart truck accident, a demand letter serves as a formal request by the accident victim to Walmart’s insurance company, seeking compensation for the injuries sustained and medical expenses incurred. A demand letter is an attempt to settle the matter informally instead of filing a lawsuit and can be submitted by the victim or their attorney.
A demand letter should be descriptive, factual, and truthful. A well-written demand letter can go a long way toward getting the compensation you want, which is why it is recommended to have an attorney assist you. A poorly worded demand letter can only stand to hurt your case. In general, your demand letter should set forth a solid case and argument as to why Walmart is liable and why your damages warrant compensation. The details of the demand letter should contain:
- The time, date, and location of the accident
- The name of the driver, employee ID number, and truck ID number (if applicable)
- Details of the injuries you’ve sustained directly from the accident
- Summary of damages incurred, which include medical bills, lost wages, and non-economic damages
- Supporting documents, which may include X-rays, MRIs, and other photos or videos of the accident if you have them
What is Likely to Happen After an Accident Involving a Walmart Truck?
After an accident with a Walmart truck, you will more than likely receive medical attention immediately. Accidents with 18-wheelers never end well and it is common to sustain major injuries. During this time, Walmart’s insurance will conduct an investigation, and if they find that they were at fault, they will likely make an initial settlement offer.
It is not uncommon for Walmart’s insurance to put pressure on recently injured victims to settle once they start receiving medical bills. This is no mistake. They know you will be more inclined to settle once you see the cost of your medical treatment. For most people, this makes sense, but the unfortunate truth is that this initial settlement is usually much lower than the long-term medical treatment your injuries require.
This is why it is important to know your rights after sustaining major injuries from a Walmart truck accident. If you choose to not take the settlement and partner with a lawyer, your lawyer will make counteroffers on your behalf. If no settlement can be agreed upon, then a lawsuit will be filed. A lawsuit will prolong a settlement, but a trial date will be established. The trial date will serve as a deadline for a settlement to be agreed upon by both sides. If no settlement is reached at this point, then your case goes to trial.
Do I Need a Lawyer For a Walmart Truck Accident?
Walmart is one of the biggest companies in the world. And due to all the retail and property they oversee, they are no strangers to lawsuits. In most cases, if you’ve been involved in a Walmart truck accident, their lawyers or insurance adjusters will try and get you to agree to a quick settlement. However, agreeing to anything could end the possibility of a lawsuit or recovering compensation for your damages.
With an attorney, they can speak to Walmart on your behalf, as well as:
- File a lawsuit against all at-fault parties in addition to Walmart
- Gather evidence through investigators, interrogatories, discovery requests, and depositions
- Protect you and your family’s rights to fair compensation, even if the accident was partially your fault
- Negotiate a fair settlement
- Represent you at trial if a settlement cannot be reached
FAQs
Q: What’s the deadline for filing a claim against Walmart in California?
A: 2 years from the date of the accident.
Q: Is it hard to file a lawsuit against Walmart?
A: Walmart tries to make it hard by aggressively pursuing a settlement, but you always have the right to speak to an attorney first.
Q: What if I can’t afford a lawyer after being injured in a Walmart?
A: Most personal injury lawyers work on a contingency basis. Meaning, they don’t get paid until they win your case. So, you will not need any money to hire a personal injury lawyer.
Contact a Walmart Truck Accident Lawyer
If you or a loved one has suffered injuries in a Walmart truck accident, the Maison Law accident attorneys can help you obtain the compensation you need to get your life back on track. We know how traumatic and overwhelming a truck accident can be. For these reasons, it is especially important to have a reputable attorney manage your claim against Walmart and take the time you need to recover. At Maison Law, we know how to navigate the legal complexities of suing a major corporation and protect your right to compensation.
Contact Maison Law today for a free consultation and case evaluation. Our firm does not charge any upfront fees for our legal services and you won’t pay a cent until your case is won.
