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This content is for informational purposes only and is not intended to provide legal advice.
A guide to suing Walmart for personal injury may sound like something you would see on a legal TV show. But in reality, one such lawsuit was recently filed because the retail giant allegedly failed to warn workers of a potential COVID-19 outbreak in a Chicago area store.
Before we start, there are certain things you need to know about this particular guide. But the first thing to understand is that it is not a legal opinion on a case’s merits. It is a piece of written advice on how to proceed if you have been injured at work by Walmart.
What You Need to Prove
When it comes to a standard personal injury case, the plaintiff must prove three essential elements to have a favorable outcome:
(1) that the injury was caused by the defendant’s negligence (although your state’s statutes cover that, and you should consult with a qualified attorney);
(2) that damages were sustained as a result of the injury;
(3) that monetary compensation was received as a result of the injury.
In Benton County, these three components are all subject to very meticulous requirements. For example, the plaintiff must show that they were injured at work, that the injury was caused by negligence on the part of the corporation, and that monetary damages were sustained.
All these elements must be proved beyond doubt to have a case against Walmart. However, there are some exceptions to one or more of these requirements.
If one of these exceptions is found, you may still proceed with filing the complaint. The complaint must still contain the three essential elements described above. The exception would then be interpreted to say that Walmart could be liable for a fourth element if the circumstances described in the complaint were such that they would entitle a person to compensation under Washington law. This is a gray area subject to interpretation.
Can Walmart Be Held Liable
In order to be able to sue Walmart for personal injury, your case should include four elements. Those are negligence, breach of contract, unjust enrichment, and causation of the permanent disability.
Negligence refers to Walmart failing to conduct proper tests or follow federal safety regulations when manufacturing their goods. Even though it might not cause immediate death, faulty equipment or machinery could lead to injuries.
Breach of contract refers to anything that occurred in the contract that affected the injured person’s ability to make a living or compensate for their losses or damages. If the injured person has already filed a personal injury lawsuit against Walmart, the company will attempt to defeat that claim by pointing out that the plaintiff was trying to sue for a tort, which is different from a contract.
Unjust enrichment refers to an unfair situation in which Walmart enriched itself at the injured person’s expense. A classic example of this would be if a Walmart store clerk intentionally misquoted a customer to increase her tips.
Another example might be that a store sold products at higher prices than they would have sold them if the item was cheaper in the store inventory. A personal injury attorney will look into these types of discrepancies to build a case of negligence.
Proving causation of injury/ permanent disability is a critical element of a personal injury case. Sometimes causation is as clear as daylight, like crushing a limb because of a poorly secured heavy load crushing it. But other times, proving causation can be very challenging. It is the case of chemical leaks or exposure to toxic substances that cause a work-related injury or disease in time.
How to Choose a Lawyer
A case study can be a great tool when looking for a lawyer to file a personal injury lawsuit against a corporation. A case study can tell you all about the different cases handled by a particular attorney. You could judge how successful the attorney is at winning cases, how many of them he won, and what the cost of those cases usually turned out to be.
A good attorney will also be well versed in all the different rules and regulations related to personal injury cases in the area they serve. This will make it easier for him to build your case without spending time researching all the information themselves.
If you are considering going through with suing Walmart for personal injury as a former employee, you will need to speak to a personal injury lawyer. A seasoned attorney can offer you a free evaluation of your case and assess whether the case is worth pursuing. Sometimes it is best to accept a company’s insurance carrier’s settlement offer. Sometimes, it is not. Only a lawyer can tell.
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