Maison Law advocates for victims seeking a fair settlement for their Walmart trip-and-fall accident in California. The amount of money you should ask for after a knee injury will be dependent on the severity of the injury and your liability in the incident.
If you or a loved one has suffered injuries in a Walmart slip-and-fall, the compassionate team of accident attorneys at Maison Law can help you avoid “low-ball” settlements and get you what you’re entitled to. Contact Maison Law today for a free, no-obligation consultation.
Walmart Trip-and-Fall Knee Injury Settlements
Knee injuries can range anywhere from torn ligaments to broken bones. In most cases, knee injuries will settle in the $10,000 to $100,000 range. However, the final settlement amount will largely be based on the severity of your injury. For example, if your knee injury requires surgery or results in permanent disability, then your settlement can be far more substantial.
Average knee injury settlements include:
- Low settlements: low settlements usually consist of minor accidents with little to no injuries. These could include 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 ligament tears or broken bones. 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 which caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.
Maximize Your Walmart Trip-and-Fall Knee Injury Settlement
After enduring a traumatic knee injury, you may wonder how you can increase your settlement amount. This is perfectly normal as most accident victims experience major medical costs, missed time at work, and serious changes in their lifestyle. While an experienced Trip-and-Fall Lawyer will handle the legalities of your case, you can help maximize your settlement after an accident by:
- Seeking medical treatment: Nothing is more important than your health. After an accident, you should always get seen by a doctor, even if you feel fine. Not seeing a doctor will only hurt your chances at receiving fair compensation.
- Reporting the accident: After a trip-and-fall injury in Walmart, it is important to report the accident to management and fill out an incident report.
- Gathering evidence: take your own photos of the scene and get witness statements, as well as their information. Accidents can get cleaned up quickly, so it is important to capture the incident while it is still there.
- Following up on your injuries with a doctor: Any injuries you’ve sustained from your accident will become a part of your case and you will need a doctor to corroborate your injuries.
- Contact Maison Law: protect your legal right to compensation. Most accident victims find themselves overwhelmed after a knee injury and fail to realize the enormous impact it can have on their lives. Our experienced attorneys can help you understand your legal options and get you the compensation you need.
What Factors Could Decrease My Settlement?
Understanding the factors that can potentially harm your trip-and-fall case is essential to knowing the value of your lawsuit. While these factors won’t necessarily eliminate you chance at compensation, they can reduce them. These factors include:
- 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:
- “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.”
- 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 Walmart’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.
What are Common Reasons for Slip-And-Fall Accidents at Walmart?
Sources of common injuries at Walmart include:
- Falling objects
- Broken equipment
- Improperly maintained equipment or property
- Loose wires
- Sharp items left out in the store
- A missing tile or cracked floor
- Liquid, broken eggs, or spilled yogurt on the floor
These accidents usually result in the following injuries:
- Facial injury
- Head injury
- Broken bones
- Knee injuries
Common Knee Injuries
According to the American Academy of Orthopedic Surgeons, the most common knee injuries are ligament sprains, fractures, and dislocations. Knee injuries often happen in slip-and-fall incidents, car accidents, or due to job site negligence. The knee is a complex part of our body, consisting of joints, bones, cartilage, and ligaments. So, when a knee accident does happen, there are typically multiple parts that get damaged. Some of the most common knee injuries include the following parts of the knee:
- ACL injury: an ACL injury is a tear of the anterior cruciate ligament (ACL). These tears are common in athletes who play basketball, soccer, or other sports that require a sudden change in direction.
- Fractures: the bones of the knee can be broken during slip-and-falls or auto accidents. People with weakened bones can also suffer fractures in the smallest collisions.
- Torn meniscus: the meniscus acts as a shock absorber between your shinbone and thighbone. It can be torn if you suddenly twist your knee while bearing weight on it.
- Knee bursitis: some knee injuries cause inflammation in the bursae, the small sacs of fluid on the outside of your knee joint so that tendons and ligaments glide smoothly over the joint.
- Patellar tendinitis: tendinitis causes irritation and inflammation of one or more tendons. This inflammation happens when there’s an injury to the patellar tendon, which runs from the kneecap (patella) to the shinbone. A healthy patella allows you to kick, run, and jump.
FAQs
Q: How long does a slip-and-fall case take to settle in California?
A: The length of the case depends on the complexity. The more complicated it is, the longer it will take to resolve. However, the average duration of a personal injury case is around 7 months.
Q: How long do I have to file a personal injury lawsuit?
A: 2 years. The statute of limitations for filing a personal injury lawsuit in California is two years from the date of the accident.
Q: What if I can’t afford a lawyer?
A: There is no upfront money required at Maison Law. Our personal injury attorneys work on a contingency fee, meaning we only get paid if we win your case for you.
Contact A Walmart Trip-And-Fall Lawyer in California
If you or a loved one has been injured in a slip-and-fall accident in Madera, our experienced slip-and-fall attorneys at Maison Law can help you get the compensation you need. We are experienced in handling major corporations like Walmart. We use the judicial system on your behalf and will hold Walmart responsible for the damages you’ve suffered through detailed investigations, professional negotiations, and establishing irrefutable evidence. Contact Maison Law today for a 100% free consultation and case evaluation.
