If you’ve suffered a broken leg in a Walmart slip-and-fall accident, the Slip-and-Fall Lawyers at Maison Law will fight for your right to receive maximum compensation for your injuries. Filing a lawsuit against a corporate giant like Walmart can be intimidating. In fact, it is common for Walmart to take slip-and-fall lawsuits all the way to court, which is why you need an experienced law firm on your side. Contact Maison Law today for a no-cost, no-obligation consultation.
Can I Sue Walmart for a Broken Leg in a Slip-and-Fall Accident?
Yes, you can sue Walmart if you sustain a broken leg from a slip-and-fall accident in one of their stores. However, to successfully pursue a lawsuit, you must prove Walmart was at fault for your accident. Proof requires:
- Demonstrating that Walmart had a duty of care to maintain a safe environment for its customers
- Walmart breaches its duty of care
- Walmart’s breach directly caused your broken leg
An example of Walmart breaching its duty of care towards its customers would be if they knew about a hazardous condition and failed to take appropriate action to remedy it. Typical hazardous conditions that could exist at a Walmart include:
- Wet floor
- Obstructed walkway
- Unrepaired floor cracks
- Uneven surfaces
- Loose wiring
It is important to note that cases against Walmart can be complex. But successful settlements can be reach with an experienced Personal Injury Lawyer.
How Much Compensation Should I Ask for in a Broken Leg Settlement?
You should always ask for more in a personal injury settlement. Here’s why. 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
What Factors Could Decrease the Value of my Walmart Slip-and-Fall Settlement?
Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. A skilled Slip-and-Fall Lawyer will be able to highlight the reasons you deserve to be compensated, while also protecting you from the factors that could reduce your compensation. These include:
- Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability.
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects
Examples of Settled Claims Against a California Walmart
An example of a litigated slip-and-fall claim against Walmart includes Wilson v Walmart Stores Inc. In this case, a woman was shopping in a Walmart in Stockton, California. After warning her nephew about a puddle of water on the floor in the store’s garden center, she slipped and fell. The woman sustained a herniated disc in her back, which left her suffering from chronic pain. Her injuries required repeated surgeries. At trial, the jury awarded the woman a gross award of $350,000. However, the jury found the woman to be 50% at fault, which lowered her overall award to $175,000.
Another example of a litigated slip-and-fall claim against Walmart is Westphal v. Walmart Stores Inc. This case involves a 55-year-old woman who was working as a product demonstrator in a Walmart store in California. She slipped and fell on a wet, concrete floor, landing on her back and suffering serious injuries. The woman’s injuries resulted in chronic pain and had to use crutches and other mobility devices for months. At trial, the jury awarded the woman $8,000 in economic damages and $150,000 for non-economic damages.
How are Injuries Calculated for a Fall in a California Walmart?
There are several factors used to calculate a slip-and-fall injury in a Walmart. Medical expenses, legal expenses, lost wages, and pain and suffering will have a significant impact on the value of your settlement, however, those factors will all be decided by the severity of your injury. When assessing the severity of injuries sustained from a car accident, they are typically placed into one of the following three tiers:
- Tier 1: This tier is for the most severe injuries. Severe injuries tend to have the largest payout. These injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Permanent disfigurement
- Wrongful death
- Tier 2: This tier is for moderate to severe injuries. These injuries typically require surgical intervention and deal with broken bones, fractures, and lacerations.
- Tier 3: This tier is for mild to moderate injuries. This generally includes injuries that do not require surgery such as strains, sprains, and contusions.
Whichever tier your injury falls into will have a substantial impact on calculating the total financial value of your accident claim. Regardless of your injury, however, it is recommended to consult with an experienced slip-and-fall attorney to ensure you receive full compensation for the damages you are entitled to.
How to Maximize Your Settlement
After suffering injuries from a slip-and-fall accident at Walmart, their insurance agency will most likely try to get you to settle for a much lower amount than your damages are worth. Insurance adjusters do not consider the long-term effects of major injuries, nor the impact they will have on nearly every aspect of your life. To maximize the settlement for your accident, it is recommended to do the following after suffering a slip-and-fall injury:
- Get examined by a medical professional. Suffering major injuries is not a time to act tough and attempt to “walk it off.” If you are injured, get examined by a doctor. Without a professional diagnosis, the insurance company will have just cause to assume you were never injured.
- Follow your doctor’s orders. By sticking to a treatment plan, you give yourself the best shot at a full medical recovery and show the insurance company how serious your injuries are.
- Keep and organize your receipts. Keep all documentation associated with your injury, especially documentation of your medical treatment.
- Don’t wait to file your lawsuit. Time is limited when making a personal injury claim. Delaying your claim only stands to hurt your case. Contact Maison Law to see what legal options are available.
Get Legal Help for Your Broken Leg in a Walmart Slip-and-Fall Accident in California
If you or a loved one has sustained injuries from a slip-and-fall accident in Walmart, the skilled attorneys at Maison Law will help you recover full compensation for your damages. Navigating the legal complexities of liability law against a corporate giant like Walmart can be a nightmare for you and your family, but it doesn’t have to be.
At Maison Law, we have the resources to justify the full extent of your losses and skillfully negotiate with the insurance company on your behalf. Our dedicated legal team will exercise every avenue of the law and fight for your right to a fair settlement. Contact Maison Law today for a no-cost, confidential consultation.
