Pain and suffering in a Walmart slip-and-fall settlement refers to compensatory damages. These damages cover the physical pain and mental anguish you suffer as a direct result of your injuries from the accident. 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 everything you are owed. Contact Maison Law today for a free, no-obligation consultation.
Calculating Damages for Pain and Suffering?
Since Assembly Bill 35 was passed, starting in 2024, the non-economic damages cap will be $390,000 in non-death cases and $550,000 in wrongful death cases. These non-economic damages include:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
While there is no fixed template for calculating the monetary value of pain and suffering, the severity of your accident can help determine its value. Here are some factors to consider:
- The extent of recklessness, or intentionally harmful acts committed by the defense
- How long your injuries have lasted and what permanent damage has been done to your life
- The general physical and emotional distress sustained by others with a similar injury
- The impact your injury has had on your professional career
- The medical treatment received and ongoing treatment required
- Permanent changes to your daily life and if a full recovery can be expected
It is important to know there is no complicated legal process for pain and suffering, only reasonable consideration. This is stated in California Civil Code 3359:
“Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”
What is Pain and Suffering?
The term “pain and suffering” refers to all forms of psychological and emotional harm a victim may suffer after an accident. These damages are considered non-economic damages because there is no intrinsic value that can be assigned to emotional or psychological harm. Harm is a subjective term because it affects people in very different ways, even if they suffered the same accident. So, determining damages for pain and suffering can be challenging. Some examples of pain and suffering include:
- Physical pain from injuries or treatment
- Insomnia
- Fear
- Psychological trauma
- Anger
- Grief
- Anxiety
- Depression
- Embarrassment or humiliation from mental anguish
- Sexual dysfunction
- Post-traumatic stress disorder
- Reduced quality of life
- Reduced enjoyment of life
- Reduced life expectancy
- Increased susceptibility to future injury or harm
- Loss of consortium
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 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 will only hurt your case. Contact Maison Law to see what legal options are available.
Contact A California Walmart Slip-And-Fall Lawyer
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.
