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My wife had a bad slip and fall in Wal Mart While 3 Months Pregnant. They called her over and over until she finally settled.

Lancaster, PA |

She was told that wal mart would not pay out due to her being pregnant and advised her that the injuries did not warrant a pay out. They told her that the back and leg pains were caused by the pregnancy and that we could not prove otherwise. We searched for lawyers to no prevail. We have photos of the horrible conditions. She ended up accepting a settlement due to so many phone calls, and threats such as you won't get anything. Well she is now 4 weeks out of surgery for disc problems, and it's looking like several more to go. Once we settle with Wal Mart are we finished, is there no hope left with this case?

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Attorney answers 8

Posted

When your wife settled her claim with Wal-Mart, she almost certainly signed a release at that time giving up her right to any claim against Wal-Mart in the future.

This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.

Posted

It appears that your wife reached a full and final settlement in respect to her accident. I am assuming that Walmart had your wife sign a release agreement. Thus, your wife would be unable to seek additional relief from Walmart for this accident.

Posted

Once you settle with Wal-Mart -- AND SIGN A RELEASE -- you are done with Wal-Mart.

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.

Posted

A release is a legal document that, like other such documents, should be reviewed by an attorney prior to signing due to the fact that it's significance is far reaching. With very few exceptions, a release is eternal. Here is an article on the subject:

http://www.attorney-myers.com/2012/05/personal-injury-settlements-are-forever-a-full-final-release-is-eternal/

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.

Posted

A settlement relesee likely bars any claims bit have an attorney double chem the language of the release

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

Posted

When a release is signed, and case is settled, it is over.

Posted

Your question at one point suggests that your wife has already signed a settlement and then the latter part of your posting seems to indicate you have not finalized a settlement. Which is it? If you have signed settlement documents and provided them to Walmart, the matter is over.

If you have not signed settlement documents, I suggest discontinuing conversations with Walmart and proceed to find a PI attorney who will handle a herniated back case. Almost all will.

Legal Disclaimer:

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.

This ans. does not create an attorney/client relationship.

Posted

Normally signing a release ends your case. I would be interested in exploring your case further. If the right kinds of mirepresentations were made, I would be interested in trying to have the release voided. It is difficult and we might lose, but with the injuries your wife sustained, it is worth exploring provided you are located in the southeasern Pennsylvania area..