Slip-and-fall accident victims are often left with significant medical expenses, career-altering injuries, and other financial obstacles that lower their quality of life. While we all love shopping at Walmart, no one is exempt from creating a safe environment for people allowed on their property.
The amount a person can receive from a slip-and-fall hip injury settlement will be dependent on their medical costs, lost wages at work, and the insurance policy of the liable party. To maximize your settlement, it is important to consult with a Slip-and-Fall Lawyer about the best legal course of action for your situation.
Settlement Guide for a Hip Injury in a Walmart Slip-and-Fall Accident in California
Hip injuries can range anywhere from strains to fractures. Just as there are many different types of hip injuries, there are many types of settlement amounts injured victims can claim. These settlement amounts will largely be based on the severity of the hip injury. They include:
- Low settlements: low settlements usually consist of minor accidents with little to no injuries. These could include hip 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 severe tearing 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 that caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.
Example of Hip Fracture Verdicts
It is important to remember that 2-5% of personal injury cases make it to trial according to the U.S. Department of Justice. Here is a list of hip fracture verdicts:
- $2,500,000 verdict, New Jersey: a woman slipped and fell at an Outback Steakhouse. She fractured her hip after slipping on a greasy substance, resulting in a hip fracture that required surgery. She spent five days in the hospital and an additional six days in rehab. At the conclusion of her four-day trial, the jury awarded her $2.5 million and her husband received $250,000 for loss of consortium.
- $3,250,000 verdict, California: a 32-year-old motorcyclist was sideswiped by a state trooper. He suffered right femoral head, his, and neck fractures. The man suffered a lumbar bulge, migraines, a right ACL injury, right knee dysfunction, bruises, scars, and abrasions. He underwent a total hip replacement. The man claimed the officer failed to yield right-of-way, and made a negligent left turn. The jury awarded him $3,250,000.
How Much Compensation Should I Ask for in a Hip Injury 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 My 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.
How to Maximize Your Hip Injury Settlement in California
If you’ve suffered injuries in a slip-and-fall accident at Walmart, there are certain steps you can take to help you maximize the amount you can recover. Maximizing your settlement is an essential part of recovering from your accident.
After an accident, most insurance agencies will 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 and all the aspects of your life they impact. To ensure a fair settlement for your accident, it is recommended to do the following:
- 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.
- Get a quote for your vehicle damage. Reimbursement estimates for vehicle damages will be relatively low unless you provide proper documentation for what your damages are worth.
- Don’t wait to file your lawsuit. Time is limited when making an accident claim.
Get Legal Help for Your Hip Injury in a Walmart Slip-and-Fall Accident
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.