No one seriously thinks they are going to end up on a hospital bed after a routine shopping, but it can happen. Slip and fall accidents in big stores like Walmart, or any other large store, are not uncommon.
If you are injured and believe that the store was at fault for one reason or another, you have the right to file a personal injury claim against the store.
There is no hard and fast answer to how long it might take to settle a claim as it depends on the seriousness of your injuries and whether you are prepared to stick it out for a better settlement or accept a lower offer earlier.
The advice and legal help you get from an experienced personal injury attorney will be invaluable.
How Soon Do You Want to Settle?
Personal injury claims typically take some time to settle. The time frame can be anything between several weeks and several years. A lot depends on just how much you were injured, how long you are prepared to wait for a more realistic offer and the amount of evidence you have that supports your claim.
It can also depend on the attorney you choose, too. If you try and negotiate a settlement on your own, it might all be over quite quickly, as it is probable that the company’s insurer will make an early offer, but only if the claimant think that you have sufficient evidence to show that The Store was at fault.
If the insurer makes a quick offer, it is unlikely that it will be anywhere like what you might obtain if you have effective legal representation and your claim is properly calculated to account for:
- The full medical costs of your injury
- Pain and suffering
- Lost earnings and any rehabilitation costs
Whether your claim is a slip and fall case or a a truck auto accident, filing a claim is a serious undertaking.
Why You Should Take Time to Settle
Although if you have the evidence to demonstrate that the store was at fault and you have medical documentation to show the extent and cost of your injuries, it is worth letting your personal injury attorney negotiate forcefully on your behalf.
The store's insurers will be reluctant to offer the maximum unless you have an attorney on your side and all the costs you are claiming can be validated.
Your treatment might take weeks or months and it would be unrealistic on your part to expect a settlement too early. It will be important to have a carefully calculated assessment of any future medical costs as well as the long term costs that result from the effect of your injures on your ability to return to work.
As a rule of thumb, the more serious your injuries and the longer they may take to heal, the longer you should be prepared to wait for a realistic settlement.
Remember that most personal injury attorneys work on contingency. As long as the attorney has taken on your case in the expectation that there will probably be a satisfactory settlement, you will have nothing to pay until compensation is paid.
Slip and Fall Settlement Amounts
The main goal of a personal injury attorney is to help a client recover the financial losses associated with a personal injury incident such as a slip and fall. You have three ways to receive a favorable slip and fall settlement amount.
Typically the most substantial of the three slip and fall settlement amounts, economic damages cover the costs associated with tangible expenses.
A slip and fall can generate medical bills that run into thousands of dollars. Diagnostic tests, treatment programs, and physical therapy sessions all produce costly medical bills.
You also might need to take a prescription medication, as well as use an assistive device to help you retain mobility. Economic damages also include the value of property damages repairs and any income lost because of missed time from work.
Non-economic damages do not come with a price tag. Instead, your slip and fall attorney must calculate a value for factors such as pain and suffering by using a formula that includes the value of economic damages.
Pain and suffering refers to the mental and emotional toll of issues such as fear, anxiety, and even depression.
A slip and fall settlement amount that includes the intangible costs of pain and suffering can help you avoid falling into a deep financial hole.
Slip and fall settlement amounts often include punitive damages, which a judge awards to punish the defendant for committing at least one act of negligence.
Whether you file an insurance claim or a civil lawsuit that seeks monetary damages, a slip and fall settlement should recover all of your financial losses.
Tips to Help with your Settlements
1. Include everything in your demand letter
The settlement you expect to receive depends in part on what you have asked for. That means your demand letter should include a breakdown of what you consider your claim is worth.
Don’t come up with a figure that is less than you believe your claim is worth. This is because if an insurer finds some weaknesses in the information provided in the demand letter it might try to negotiate a lower figure.
2. Don’t go for the first amount offered
There is a good chance the amount offered you will be below your minimum amount, so you should be cautious and renegotiate by asking for more. The insurer may still reach an agreement based on your amount so make sure you choose the strongest points in your favor in relation to the proposed amount.
3. Ask the Adjuster to Give Reasons For Any Low Offer
Don’t respond in such a way that shows you are likely to agree but ask for specific reasons to justify this low amount. Once you have received them you can respond to each in turn. Depending on the responses offered by the adjuster you could consider lowering your requested figure with the hope of reaching a quick but satisfactory agreement.
4. Wait for a response
Don’t lower your settlement amount more than once if you can help it. You and the insurer have to agree and you want the agreement to be in your favor ultimately.
5. Hire a PI attorney
If you are claiming for the cost of lost income into the future and the final settlement works out to be quite large it is worth arranging a consultation with a PI attorney. This helps to ensure a reasonable settlement so you won’t be out of pocket.
6. Put the final settlement in writing
When you have finally reached an agreement write a confirmation note to the adjuster to confirm it.
7. Avoid a recorded statement
Claims adjusters may use recorded statements as a way of tripping you up by encouraging you to say things that may damage your right to a PI claim. The key here is to not give any recorded statement to the insurer if you are in severe pain, taking any kind of medication or haven’t had enough sleep as you may say something that the insurer can use to deny your claim or offer a lower amount. It is preferable that any statements you give are not recorded at all.
8. Find out if other slip and falls at have happened before
Any examples of settlements for slip and fall accidents at that location should be studied so that you can be sure your settlement amount will be accepted.
9. Preserve your shoes
A slip and fall accident could be related to your shoes. So you can’t be criticized for the type or state of your shoes you should preserve them so they can be used as evidence in your PI claim. That means you shouldn’t wear them while the settlement is under negotiation. The sorts of details that could be considered could include any of the following:
- the style of the shoes;
- if the shoes have a heel and if so its height;
- the shoes condition;
- whether the shoes have laces.
How an Attorney Will Affect the Time to Settle
If you are sure that Walmart, or any other store was to blame for your injuries and have witnesses to prove it, you might hear from the store’s insurance representatives quickly, but the company may be banking on you being naïve about how much you should settle for. Determining how much your damages are worth is difficult, and the store can easily underestimate your damages.
It is usually far more sensible to engage an experienced personal injury attorney to negotiate on your behalf. It may take longer to reach a settlement, especially if the attorney recommends going to trial, but you are much more likely to get a realistic compensation settlement.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Walmart, or another party, you may not be entitled to any compensation.
