How Much Should I Ask for After a Knee Injury in a Home Depot Trip-and-Fall Accident in California?

Maison Law represents Home Depot trip-and-fall knee injury victims in California. The amount of compensation you should ask for after a knee injury will be dependent upon the:

• Severity of your injury
• Liability in the incident
• Amount of financial, physical, and emotional damage suffered

However, to better understand the value of your case, it is recommended to consult with one of our Trip-and-Fall Accident Lawyers. At Maison Law, our attorneys are experienced in reaching successful settlements for clients injured by giant corporations. Contact us today for a no-cost, confidential consultation.

Knee Injury Settlements in California Home Depot Trip-and-Fall Accidents

Knee injuries can range anywhere from torn ligaments to broken bones. In most cases, knee injuries will settle in the $10,000 to $100,000 range. However, the final settlement amount will largely be based on the severity of your injury. For example, if your knee injury requires surgery, or results in permanent disability, then your settlement can be far more substantial.

Average knee injury settlements include:

• Low settlements: low settlements usually consist of minor accidents with little to no injuries. These could include back sprains and strains. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages. These tend to fall around $5,000 to $10,000.
• Moderate settlements: moderate settlements apply to accidents with moderate injuries such as whiplash or soft tissue damage. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery. These tend to fall anywhere from $10,000 to $100,000.
• High settlements: high settlements involve severe injuries, resulting in long-term medical treatment, permanent disability, or fatalities. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.

What Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your trip-and-fall case is essential to knowing the value of your lawsuit. While these factors won’t necessarily eliminate your chance at compensation, they can reduce them. These factors include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: the inability to prove Home Depot’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

Are Trip-and-Fall Accidents Considered a Premise Liability?

In California, a premises liability occurs when an owner fails to maintain their property or warn of known danger and someone sustains injuries. In the case of a trip-and-fall due to a hazardous condition at Home Depot, the company can be held responsible for a victim’s economic and non-economic damages. These damages include:

• Medical costs
• Lost wages (if you have to miss work to recover)
• Retraining or re-education for job placement if you have suffered a disability from the accident
• Pain and suffering
• Loss of enjoyment of life

Under California Civil Code 1714, property owners are responsible for keeping their property free of hazardous conditions by performing routine inspections. Home Depot owns the property of 98% of their locations, while the rest of them are leased, according to Triple Investment Group.

So, in most cases, Home Depot is required to repair, replace, or provide reasonable warning about unsafe property conditions to keep visitors safe. Property owners who fail to repair dangerous conditions, or warn them, can be served with a premise liability lawsuit if someone gets injured as a direct result of their carelessness.

Common Knee Injuries

According to the American Academy of Orthopedic Surgeons, the most common knee injuries are ligament sprains, fractures, and dislocations. Knee injuries often happen in slip-and-fall incidents, car accidents, or due to job site negligence. The knee is a complex part of our body, consisting of joints, bones, cartilage, and ligaments. So, when a knee accident does happen, there are typically multiple parts that get damaged. Some of the most common knee injuries include the following parts of the knee:

• ACL injury: an ACL injury is a tear of the anterior cruciate ligament (ACL). These tears are common in athletes who play basketball, soccer, or other sports that require a sudden change in direction.
• Fractures: the bones of the knee can be broken during slip-and-falls or auto accidents. People with weakened bones can also suffer fractures in the smallest collisions.
• Torn meniscus: the meniscus acts as a shock absorber between your shinbone and thighbone. It can be torn if you suddenly twist your knee while bearing weight on it.
• Knee bursitis: some knee injuries cause inflammation in the bursae, the small sacs of fluid on the outside of your knee joint so that tendons and ligaments glide smoothly over the joint.
• Patellar tendinitis: tendinitis causes irritation and inflammation of one or more tendons. This inflammation happens when there’s an injury to the patellar tendon, which runs from the kneecap (patella) to the shinbone. A healthy patella allows you to kick, run, and jump.

What is the Typical Settlement for a Knee Injury in a Home Depot Trip-and-Fall Accident in California?

No two knee injuries are the same, so there is a wide range of settlement amounts for these types of injuries. However, there are common factors for every case, which can indicate the amount of compensation you could ask for. These factors include:

• Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
• General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
• Punitive Damages: these damages are rare, but if someone at Home Depot engaged in reckless behavior with the intention of hurting someone or blatantly allowing a hazardous condition to exist, then you could sue for punitive damages

FAQs

Q: How long does a Home Depot Trip-and-Fall case take to settle in California?

A: The length of the case depends on the complexity. The more complicated it is, the longer it will take to resolve. However, the average personal injury case settles within 7 months according to the National Center for State Courts.

Q: How long do I have to file a personal injury lawsuit against Home Depot?

A: 2 years. The statute of limitations for filing a personal injury lawsuit in California is two years from the date of the accident.

Q: What if I can’t afford a lawyer?

A: There is no upfront money required at Maison Law. Our personal injury attorneys work on a contingency fee, meaning we only get paid if we win your case for you.

Contact a California Home Depot Trip-And-Fall Lawyer

If you or a loved one has suffered a knee injury from a slip-and-fall accident in Home Depot, our experienced Slip-and-Fall Attorneys at Maison Law can help you get the compensation you need. We are experienced in handling major corporations like Home Depot. We use the judicial system on your behalf and will hold them responsible for the damages you’ve suffered through detailed investigations, professional negotiations, and establishing irrefutable evidence. Contact Maison Law today for a no-cost, no-obligation consultation. There are no hidden fees for our services and you won’t pay a cent unless we win your case.