Knowing how much you will get for a slip-and-fall injury in a California Walmart can be difficult for several reasons. One reason is that every claim is different. There is no average value that can exclusively apply to all Walmart slip-and-fall claims. However, if you are looking for answers, do not hesitate to contact Maison Law immediately. We offer all injured victims a free consultation and case evaluation.
What Happens If I File a Lawsuit Against Walmart?
Establishing an attorney-client relationship with a reputable attorney and filing a lawsuit against Walmart lets them know you are aware of your rights and you’re prepared to invoke them. Your lawsuit will be filed under premise liability, which is covered in California’s Civil Code 1714(a) states that:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
Walmart is no exception to this law. So, once you’ve made Walmart aware you are suing them, you will have to prove they:
- Created a dangerous condition to exist on its property, or allowed one to manifest
- Knew about a dangerous condition but did nothing to fix or remove it
- Reasonably should have known the hazardous condition existed and did nothing about it
Next, you will have to show that:
- Your injuries were due to the dangerous condition
- You suffered harm that can be verified by a doctor or hospital
If you are successful in bringing forth this lawsuit, you will be able to recover compensation for the damages you’ve suffered.
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 are Injuries Calculated for a Fall in a California Walmart?
There are several factors used to calculate a slip-and-fall injury in a Walmart. Medical expenses, legal expenses, lost wages, and pain and suffering will have a significant impact on the value of your settlement, however, those factors will all be decided by the severity of your injury. When assessing the severity of injuries sustained from a car accident, they are typically placed into one of the following three tiers:
- Tier 1: This tier is for the most severe injuries. Severe injuries tend to have the largest payout. These injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Permanent disfigurement
- Wrongful death
- Tier 2: This tier is for moderate to severe injuries. These injuries typically require surgical intervention and deal with broken bones, fractures, and lacerations.
- Tier 3: This tier is for mild to moderate injuries. This generally includes injuries that do not require surgery such as strains, sprains, and contusions.
Whichever tier your injury falls into will have a substantial impact on calculating the total financial value of your accident claim. Regardless of your injury, however, it is recommended to consult with an experienced slip-and-fall attorney to ensure you receive full compensation for the damages you are entitled to.
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 only stands to 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 100% free consultation and case evaluation today.
