slip at Walmart in the store entrance on clear liquid cause me disc on my back and nick i had 3 injections on my back but the pain did not go away the orthopedic said i need surgery in my back but i afraid to do it .walmart offered $7500 it doesn't cover the doctor's bill what should i do
First, slip and fall cases can be difficult cases because most of the time they are fought tooth and nail by the store itself or its insurance company. The main hurdle in proving your case in the majority of these cases is proving the store is responsible for your fall. Basically, proving who owned, controlled, or maintained the property where the slip and fall occurred, and whether that party had notice of the condition that caused you to fall. (NOTE: There are more elements to prove but that is more or less what needs to be done.) This can only be determined by an experienced personal injury attorney who can take a look at the facts and particular circumstances of your case. Most initial consultations are free so I would talk to a personal injury attorney in your area to help you make your decision about the settlement offer made by Walmart, especially if you may be a surgical candidate as a result of this incident.
If you have not already, you should contact a local attorney as soon as possible for a case consultation. You should not settle for $7,500 especially if you have been advised that you will need surgery. Also, do not give a written or recorded statement to Walmart or the insurance company.
So sorry you were in an accident! You need to retain an experienced personal injury lawyer as soon as possible. Based on your injuries and the potential liability of Walmart, your case could be much more valuable. At this point $7,500.00 would not cover your past and future medical bills, lost earnings, loss of earning capacity, or pain and suffering?
In California you have 2 years from the accident date within which to file your lawsuit or your case is barred.
You hopefully have pictures of the alleged dangerous condition, have the names, addresses and phone numbers for any witnesses and have written out a detailed statement of what occurred?
I agree with the other posters. Its been my experience that a $7500 offer from Walmart, especially to a non represented claimant) could mean that they actually have some concern about your case. I generally have experienced what seems like an utter a lack of concern about claims. My (experienced) suspicion is that that Walmart reviewed its surveillance, and probably realizes that it has "exposure" for liability and damages. That being said, and even under those kinds of circumstances, Walmart will not just "fold" or pay you the full value of your claim. It can be complicated dealing with Walmart, even on "good" claims. Good luck, and sorry for all the " "s
I've been posting (sometimes cutting and pasting as I really couldn’t say what I said better myself) my biased opinions and comments here and there on the Internet and Avvo for a while now (since Al Gore invented online attorney forums, I believe), and every time I see a post about a person doing battle all by his or her non-lawyer self against an insurance company, I keep thinking the post might as well read something like, “my no-insurance second cousin on my father’s side needs to get that brain tumor removed from the base of his skull. It's now the size of a golf ball and is causing him to shake something fierce. He's up to six cans of Coors Light a day to stop the shakes. So, what I need to know is whether I should go in with my cordless Makita or the corded Dewalt...”
No one who has suffered personal injury should handle personal injury cases. No one but a neurosurgeon should do brain surgery, even if one’s second cousin is a schmuck.
A good personal injury attorney should not only understand the law applying to the claim/lawsuit but fully understand the medical damages associated with the injury. Trauma can affect many body parts, vary in severity, vary in long term complications and sequelae. To better one’s chances for a full and fair recovery, one must have an attorney who knows what to ask for from the defendant – compensation for all bodily harms and future medical care that will be needed.
We personal injury lawyers offer free consultations. We handle cases on a contingent basis. We actually love the game, the battling, the negotiations, the tactics, etc. An injured person should just worry about getting better.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
I have dealt with Wal-Mart on a number of cases. They do not offer money unless they have to do so. Either they are offering you some money under a medical payments policy (which is a no fault paying policy for medical bills up to a certain amount) or they have information that they are not sharing with you about the notice of the dangerous condition upon which you fell. You need to know which of these is the case. I strongly urge you to get counsel. Also, before you resolve any case, be sure that there are no lien holders asking for reimbursement (such as health insurance carrier, Medi-Cal, Medi-Care or a healthcare provider who has a lien under Civil Code Section 3040. Talk to a personal injury attorney who knows how to deal with these issues before signing any settlement agreement.
When Walmart makes a $7500 offer, without attorney participation, that raises the antennae of personal injury attorneys. There is a good chance that your claim is worth substantially more than $7500. You need to speak with an attorney as soon as possible and discontinue conversations with Walmart until you speak with an attorney. Walmart is notoriously known to vigorously defend actions such as yours.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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