How Much Should I Receive for a Hand Injury in a Walmart Slip-and-Fall Accident in California?

If someone suffers a hand injury from a slip-and-fall on an unsafe floor in Walmart, then they can file a personal injury lawsuit against them to receive compensation for medical bills, lost wages, and emotional damages. The compensation you are entitled to will depend on the specific details of your case, which we will discuss in this article.

Comparative Negligence in Hand Injury Settlements

While there is no exact settlement amount for a Walmart hand injury slip-and-fall claim, there are various factors that can help determine how much you can receive from your accident such as:

• Extent of damages
• Cost of medical treatment needed
• Insurance coverage limit
• Determination of fault

When it comes to fault in a personal injury case, you can still receive compensation even if you were partially to blame for the slip-and-fall accident. This is because California follows Comparative Negligence Law. This law essentially states:

• You can recover damages in cases even if you are partially at fault
• If you and the defendant are found negligent, the jury assigns a percentage of fault to each party
• The total compensation awarded to you is reduced by your percentage of fault
• If you are 99% at fault, you can still receive 1% of the total case value

Types of Walmart Slip-and-Fall Hand Injury Settlements

Settlements for a slip-and-fall hand injury in Walmart will generally fall into three categories. They include:

• Low Settlements: minor accidents with little to no injuries can result in a low settlement in the low thousands to cover damage done to your property during the accident and medical bills to treat minor injuries. This will typically range anywhere from $5,000 – $10,000.
• Moderate Settlements: moderate settlements can range anywhere from $10,000 to $100,000. These cases usually involve torn ligaments or broken bones. They may require surgery, some missed work, and longer recovery periods.
• High Settlements: high settlements typically involve hand injuries with long-term medical treatment or permanent disability. These settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars.

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.

Factors that Can Reduce Your Slip-and-Fall Hand Injury Settlement

Just like there are factors that can maximize your settlement, there are also those, which will reduce how much compensation you can receive. 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 the liable party’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

Contact a Walmart Slip-and-Fall Lawyer in California

If you or a loved one has been injured in a slip-and-fall accident, our experienced personal injury attorneys at Maison Law can help you get the compensation you need. We are experienced in handling major corporations like Walmart and will aggressively pursue compensation for the damages you’ve suffered. Contact Maison Law for a no-cost, confidential consultation and case evaluation today.