What's the average settlement amount for a slip and fall at Walmart and does atty have to get your permission before settling?

Asked 9 months ago - Ontario, CA

Injured last year(november),hired personal injury atty and did chiro and went to ortho surgeon. I asked to be discharged from chiro as i saw no benefit after a few months. The paralegal called me a few weeks ago to tell me they were about to send bills to store insurance company. My freind that works in insurance industry told me that even if someone had no serious injury the store is still liable for some damages because I fell in their store. Now after all this I wonder if I should have just settled with the store myself but at the time I thought i was seriously injured because I was in excruciating pain from the fall for weeks after

Attorney answers (14)

  1. Alan Ray Barnes

    Contributor Level 17

    23

    Lawyers agree

    Answered . Most slip-and-falls at major retail stores have a settlement value of zero. Your friend is wrong.

    The store may have a medical payments policy that will help pay your medical bills regardless of fault. If so, you should take advantage of it.

    If you have some reason to believe that the store was negligent in some way - for example, if the management knew of a dangerous situation and failed to correct it - then you may have a claim. You should speak with a personal injury lawyer to evaluate whether that claim is legally viable.

  2. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    22

    Lawyers agree

    Answered . Just because you fell in Walmart does not automatically entitle you to a settlement. Your insurance friend is not an attorney and he does not know all the intricacies of a slip and fall accident , specially against a corporation like Walmart that fights all slip and fall cases. Each case, though is unique and you need an attorney to help you maximize a recovery if liability is indeed Walmart's. Hope you recover big. Best of luck.

    This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not... more
  3. Eugene Andre Ahtirski

    Pro

    Contributor Level 14

    20

    Lawyers agree

    Answered . An attorney is always the best option. If you have an attorney but dont rust your attorney then you may want to seek to pay another attorney for a consultation. Otherwise, I would recommend you discuss your specific concerns directly with your lawyer. I hope this gives you some direction and insight on your question and I truly wish you the best of luck! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question?

  4. Christopher John Gansen

    Pro

    Contributor Level 18

    19

    Lawyers agree

    Answered . Yes, your lawyer should get your OK before settlement of the claim.

    Nobody can or should really comment on the value your claim may have without know all of the details.

    Talk to your lawyer.

  5. Daniel Nelson Deasy

    Contributor Level 20

    19

    Lawyers agree

    Answered . You really do need to run these issues by the attorney you hired to champion your cause!! Ask for a face to face meting this week to make sure your concerns are addressed.

    Good luck!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    19

    Lawyers agree

    Answered . A billion dollars.........................just kidding....a local personal injury lawyer would need to be retained to see if there was negligence.

  7. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . You indicate that you have your own personal injury attorney. As such, it would be improper for us to interfere with that attorney-client relationship.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  8. Andrew Daniel Myers

    Contributor Level 20

    17

    Lawyers agree

    Answered . Settlements for slip and fall injuries do not fall into an 'average' range. Evaluating personal injury cases requires looking at many factors unique to that person and the specifics of their accident case. Slip and fall cases require proof of liability, that the store did something it should not have done or failed to do something it should have done which caused your injuries. Here's how settlement values are calculated: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  9. Josh P Tolin

    Contributor Level 19

    16

    Lawyers agree

    Answered . There must have been a good reason you hired your attorney. You should be relying on his or her advice and not listening to your friend who works in the insurance industry. There is no such thing as "free" money. There must be liability for the store to be willing to pay. Walmart does not pay nuisance value for any claim, especially for unrepresented people. Let your attorney do their job, and yes, as the client, you have final authority to accept or reject any settlement offer.

  10. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . Your PI attorney would be the best one to answer this question.
    You can slip and fall and die or have a minor injury-an average wouldn't
    be helpful.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  11. Philip Anthony Fabiano

    Contributor Level 20

    15

    Lawyers agree

    Answered . Your friend is frankly WRONG. He works for an insurance company? There is no state in the country that provides for the payment of damages merely because someone fell on someone's property. You need to show that the your fall was the result of negligence. Walmart won't pay anyone even with an attorney without a long and protracted fight. YOu could have 10 witnesses who would testify as to the negligence of Walmart and they will still deny the claim. That's how they operate. YOu need an attorney and you need a serious injury or most lawyers will not want to be involved since the time, expense and effort will not justify bringing the claim unless the possibility of a significant recovery exists. Stop talking to your friend, he's not helping you-he knows nothing.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  12. Jesse Lee Krenzel

    Contributor Level 5

    11

    Lawyers agree

    Answered . Proving that the store is legally responsible for your injuries can be surprisingly difficult. There is no "average" value to such cases, and some cases have no value at all. The store may carry a low-limit medical coverage for treatment of injuries on the premises. That would pay the medical bills only, without proof of the store's responsibility for the fall. Such coverage is always very limited and of very little help in cases of serious injury. Hopefully your lawyer will go over these issues with you.

  13. Michael R Crosner

    Contributor Level 20

    11

    Lawyers agree

    Answered . Your questions and concerns should be directed to your attorney - maybe you should arrange a face to face meeting to fully discuss your case. Slip & fall cases are very difficult & the majority are won by the defense - just falling does not make them liable

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  14. William West Seegmiller

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . The attorney you hired is your representative and he or she is helping YOU.

    Walmart is going to do everything they can to settle your claim for the lowest amount possible. Your attorney is going to make sure your present losses are covered and also should factor in compensation for possible future problems you may have with your ankle as a result of this accident.

    It's great that you are feeling better, however, keep in mind that any type of joint injury can resurface in the future and cause you more pain and suffering. Your attorney has your best interests. I hope this is helpful.

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