Maison Law represents Walmart slip-and-fall injury victims in California. The average payout for a Walmart slip-and-fall injury can vary widely. From four-figure payout to high, seven-figure settlements, the amount of compensation you receive will largely be dependent on the severity of the injury, liability in the incident, and the skill of your legal representation.
At Maison Law, we have years of experience reaching successful settlements against major corporations like Walmart, Home Depot, and Target. Contact us today for a no-cost, confidential consultation to see what legal options are available to you.
Suing Walmart for a Slip-and-Fall Injury
If you’ve suffered injuries after a slip-and-fall accident at Walmart, you have legal grounds to 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 is a company created by Walmart to handle all of its liability claims. You can write your own demand letter, however, we recommend letting a Slip-and-Fall Lawyer at Maison Law compose it for you.
It is important to remember that Walmart is a giant corporation that deals with thousands of lawsuits every year. So, for them to take your claim seriously, it is important to have experienced representation on your side.
Slip-and-Fall Injury Settlements in California
Slip-and-fall injuries can range anywhere from torn ligaments, broken bones, and traumatic brain injuries. The final settlement amount will largely be based on the severity of your injury. For example, if your injury requires surgery, or results in permanent disability, then your settlement can be far more substantial.
Average 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 broken bones 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 or permanent disability. 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 Impacts the Settlement Value of a Walmart Slip-and-Fall Injury?
Several key factors significantly influence the average settlement in your personal injury case against Walmart:
- Liability: the degree to which the defendant is found responsible for your injury can add value to your settlement. The more reckless the defendant’s actions usually results in a higher settlement.
- Contributory negligence: California is a pure comparative negligence state, meaning even if you’re found 99% at fault for the accident, you can still collect 1% of compensation.
- Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
- Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
- Medical history: a history of preexisting injuries or degenerative conditions can reduce the case’s value. Insurance companies often argue that the injury resulted from preexisting issues rather than the incident itself.
- Plaintiff’s Age: this factor ties closely to medical history. Certain physical problems are often associated with aging, younger plaintiffs generally fare better in slip-and-fall injury cases. It’s easier for a younger person to convince a jury or insurance adjuster that they were fine before the accident.
- Permanent impairment: the most critical factor in a personal injury settlement is whether the injury results in permanent impairment. A permanent disability, especially one that affects the plaintiff’s ability to perform simple tasks, can drastically impact their quality of life. As a result, compensation for a permanent injury is typically much higher than for an injury that heals.
Understanding Premises Liability in a Walmart Slip-and-Fall Accident in California
Walmart has a responsibility to ensure its premises are safe for guests because it owns the property where its stores are located. If a failure to maintain a safe environment results in someone getting injured, the property owner is liable according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
Examples of a premises liability in a Walmart include:
- Unattended wet floor
- Uneven flooring
- Loose shelves with the potential to collapse and injure
- Wiring left on the floor, creating a tripping hazard
- Disorganized product left on the floor
How Much Compensation Should I Ask for in a Walmart Slip-and-Fall Injury Settlement?
You should always ask for more in a personal injury settlement. Making a settlement demand with the insurance is a negotiation and you should ask for 2 to 3 times more than you think your case is worth. This may seem high, but the insurance company will be making an initial settlement offer that is extremely low. So, it is wise to ask for an amount in a demand letter that is well above what you think you deserve.
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 a skilled Personal Injury Lawyer assist you with writing it. The details of the demand letter should contain:
- The time, date, and location of the accident
- The name of the person/company/government entity at fault, along with their contact information (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
Contact a Walmart Slip-and-Fall Accident Lawyer in California
If you or a loved one has been injured in a slip-and-fall accident at a Walmart, the Personal Injury Attorneys at Maison Law can help. We understand Walmart is a corporate giant with teams of lawyers, but that does not excuse them from liability or from adhering to California law.
At Maison Law, no matter how big the opponent is, we will not hesitate to aggressively pursue the maximum amount of damages on their behalf. Don’t wait until it’s too late to take legal action. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and we don’t make a dime unless your case is won.
