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

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

Posted

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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

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 be legal advice.

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Posted

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?

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Posted

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 intended to form an attorney client relationship. Manuel Juarez. Esq., is licensed only in California. He practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California. El abogado de lesiones y heridos en accidentes de autos, Manuel A. Juarez es licenciado solo en California.

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1 comment

Paul J Molinaro

Paul J Molinaro

Posted

Good answer, Mr. Juarez, Esq.

Posted

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.

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Posted

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.

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Posted

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

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Posted

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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

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.

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Posted

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 action is to have legal representation in this matter.

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Posted

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 provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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Posted

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.

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Posted

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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

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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