Maison Law supports head injury victims in California. Traumatic brain injuries or head injuries caused by Walmart slip-and-falls typically require an immense amount of treatment. Head injuries can have more tragic consequences than most other injuries, leaving victims with life-long pain, medical complications, and the inability to spend meaningful time with their families.
The amount of compensation you can receive will be dependent on several factors. One essential factor will be whether or not you have a skilled Slip-and-Fall Lawyer on your side. To discuss your case with an experienced personal injury law firm, contact Maison Law for a no-cost, no-obligation consultation today.
Determining Settlement Value for a Head Injury in a Walmart Slip-and-Fall Accident in California
The aftermath of a head or traumatic brain injury (TBI) doesn’t just end after an accident. Victims of slip-and-fall head injuries tend to accumulate enormous medical bills and are likely to require long-term care. As a result, a traumatic brain injury case often settles amongst the highest figures among all personal injury claims, ranging anywhere from $100,000 to millions of dollars. However, these key factors will ultimately determine the settlement value of a slip-and-fall head injury:
- The severity of the injury
- The characteristics of the victim
- The value of your economic and non-economic damages
- Whether you are awarded punitive damages
- Your percentage of fault in the accident
How Can a Lawyer Help Me for a Walmart Slip-and-Fall Head Injury in California?
Going up against a corporate giant like Walmart for a slip-and-fall accident can be a complex matter. Walmart has its own insurance company, as well as its own team of personal injury lawyers due to the number of claims they have to address on a yearly basis.
For that reason, it is important to seek the counsel of an experienced Slip-and-Fall Lawyer to protect your right to compensation. With a lawyer on your side, they can:
- Increase your initial settlement by letting the insurance adjuster know you intend to invoke your right to fair compensated
- Make you aware of the compensation you will need in order to treat your injuries and make a full recovery
- Help you understand what a fair settlement should be based on the details of your case
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached and present your case in front of a jury
Suing Walmart for a Slip-and-Fall Head Injury
If you’ve suffered a head injury 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 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.
What Goes into a Demand Letter?
In a personal injury lawsuit like a Walmart slip-and-fall, a demand letter serves as a formal request by the accident victim to Walmart’s insurance company, seeking compensation for the injuries sustained and medical expenses incurred. A demand letter is an attempt to settle the matter informally instead of filing a lawsuit and can be submitted by the victim or their attorney.
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 an attorney assist you. A poorly worded demand letter can only stand to hurt your case. In general, your demand letter should set forth a solid case and argument as to why Walmart is liable and why your damages warrant compensation. The details of the demand letter should contain:
- The time, date, and location of the accident
- The name of the employee at the scene, the employee’s ID number (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
Common Types of Head Injuries from Walmart Slip-and-Fall Accidents in California
While we all love shopping at Walmart, careless actions such as allowing hazardous conditions to exist within their stores can result in serious slip-and-fall injuries. One of the most serious injuries is head injuries because they can affect everything from our basic motor skills to our speech if the brain is damaged.
Brain injuries are divided into two broad categories: open-brain injuries and closed-brain injuries. The main difference between the two categories is whether or not the skull was penetrated. A closed-brain injury means the skull was not penetrated, whereas an open-brain injury implies the skull was penetrated during the incident. Within open and closed brain injuries are numerous injuries that can occur. These include:
- Concussions: a concussion is classified as a closed-brain injury, ranging from minor to severe. They typically occur after blunt force trauma to the head, causing the brain to move inside a person’s head. For example, concussions are common after a sudden collision during a car accident, or a football player being hit in the head unexpectedly by another player.
- Hematomas: Hematomas occur when blood pools or clots around the brain as a result of a ruptured blood vessel. Blood clots in the brain can put a person at risk of suffering permanent brain damage due to the lack of blood to the brain. If the brain doesn’t receive blood it can result in an Ischemic stroke, which will cause brain cells to die, resulting in permanent loss of body functions or death. Ischemic strokes are the most common type of stroke resulting in around 80% of all strokes according to the Cleveland Clinic.
- Edemas: edema occurs when there is swelling around the brain. This injury is dangerous because it can cause the brain to swell against the skull, leading to pressure on various parts of the brain and causing permanent damage.
- Hemorrhages: a hemorrhage is when there is uncontrolled bleeding around the brain, which can put too much pressure on the organ and cause permanent damage.
- Skull fractures: A skull fracture can weaken the structure of the skull, meaning the brain is more susceptible to damage if a person suffers additional blows to their head.
- Diffuse axonal injury: this injury occurs when the axon cells in your brain are damaged. When these cells are damaged, a person can lose essential functions permanently if they do not receive immediate treatment for damaged brain cells.
What are the Long-Term Effects of Brain and Head Injuries?
No head injury is the same. Every person will respond differently after suffering damage to the brain from a head injury with some people showing symptoms right away, while others will have symptoms that gradually become apparent over time. Injuries to the brain are unique in the sense that they can take years to become evident to the injured victim, usually resulting in long-term or even permanent brain damage if left untreated. Long-term effects on the brain from a brain and head injury include:
- Physical impairments: difficulty eating, breathing, and exercising
- Cognitive disabilities: affects a person’s ability to think, organize, and act independently
- Impacted basic functions: issues with hearing, reading, writing, speaking, and trouble with numbers can lead to long-term communication issues
- Emotional trauma: emotional stress and anxiety due to the nature of how the injury occurred
- Impacted movement: if the brain’s movement portion is injured, muscles may become stiff or spastic, interfering with a victim’s ability to speak, eat, move, or breathe correctly
What Compensation Can I Receive for a Brain and Head Injury Settlement?
Traumatic brain injuries are more common than you think. In fact, according to the California Associate for Traumatic Brain Injuries, there are approximately 350,000 TBI survivors in California. If you’re a survivor of a TBI, an experienced personal injury attorney will help you receive a settlement to cover all damages related to your brain and head injury.
The amount of compensation you can receive will be dependent on the insurance policy of the liable party, as well as the severity of the damages done to your life. One of the damages you can recover is economic damages. These damages refer to things that can be calculated to an exact amount. Economic damages generally include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your car accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
A second form of damages you can recover is non-economic damages. Non-economic damages are intangible losses that are not monetary. Non-economic damages include:
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
Contact a Head Injury Walmart Slip-and-Fall Lawyer
It is recommended to speak to a lawyer as soon as you suffer a slip-and-fall head injury in Walmart. This is not only due to the extensive level of treatment involved but also how complex filing a lawsuit against a corporate giant like Walmart can be.
At Maison Law, we specialize in the complex legal process of slip-and-fall head injuries against corporations like Walmart, Target, and Whole Foods. While these are all wonderful places to shop, they are not excused for failing to keep their customers safe. Protect your right to compensation after a serious head injury by contacting Maison Law today for a confidential, no-obligation consultation.
