Evidence Preservation Hours Matter
The first 24 to 48 hours are critical. We sent a litigation hold letter to Walmart’s legal team demanding that all surveillance footage, sweep logs, incident reports, and maintenance records be preserved immediately. Under Nevada law, evidence that is willfully or negligently destroyed governed by NRS 47.250 can trigger an adverse inference at trial, meaning a jury may presume the missing footage supported your claim.
Handling Claims Management Inc (CMI)
Walmart routes injury claims through CMI, an internal administrator whose goal is to limit what Walmart pays. CMI adjusters call quickly, push for recorded statements, and present early offers that rarely cover full medical costs, lost wages, or pain and suffering. Having our attorneys between you and CMI changes the entire dynamic.
Building Your Case Under Nevada Law
Nevada’s modified comparative fault rule means you recover nothing if CMI successfully argues you share more than 50 percent of the blame. We study sweep log intervals, gather witness statements, and document exactly what made your fall foreseeable. In self-serve zones, garden centers, grocery aisles, and tire bays, Nevada courts apply the mode of operations doctrine, which falls within the broader framework of Nevada premises liability law and can shift the burden of proof to Walmart.
Medical Documentation
We work with your treating physicians and independent experts to document every injury, from fractures and soft-tissue damage to traumatic brain injuries that may not be immediately apparent after a fall. We account for future treatment costs, lost income, and non-economic harm.
Negotiation and Litigation
Most Walmart slip-and-fall cases settle before trial. When CMI refuses a fair number, we file in the Eighth Judicial District Court of Clark County and take the case to a Las Vegas jury.