Walmart Slip and Fall Settlements: How Much Can I Get?Trusted Content
Legally reviewed by:Erik Abrahamson, J.D. May 24, 2021
If you sustained injuries due to a slip and fall at Walmart, you might be considering legal action. You might also be wondering how much of a settlement you could recover.
Walmart has almost 5,000 stores across the United States, almost 30 of which are located in central Florida. With an average size of over 100,000 square feet, these stores can present slipping, tripping, and falling hazards of all types.
For that reason, Walmart faces a constant stream of personal injury claims and lawsuits. If the store’s negligence or carelessness caused your injuries, you deserve compensation.
Talking to an experienced premises liability lawyer is the best way to determine the value of your potential settlement. Having a knowledgeable slip and fall attorney on your side will also protect your legal rights. An attorney can also help you pursue the compensation you deserve.
How Much Is the Average Walmart Slip and Fall Settlement Amount?
Slip and fall accidents in Walmart and other large retail outlets can cause serious injuries, disability, and even death. In Florida, slip and fall accidents are the number one reason that residents go to the emergency room or are admitted to the hospital—and the second leading injury cause of death.
Because the resulting injuries can be so extensive, Walmart slip and fall settlement amounts are often higher than for other types of personal injury cases. For example:
- A Georgia jury awarded one plaintiff $7.5 million for a broken hip. The Georgia man’s foot became lodged in a pallet that was used to support a produce display, causing him to fall and sustain serious injuries.
- A Florida man received a $970,000 settlement for injuries he sustained at Walmart after he slipped on water in the garden center.
- Another Florida plaintiff received a Walmart settlement of $1.3 million after slipping in spilled body wash and hitting her head on a display rack.
Although these awards might not be typical or representative of your Walmart slip and fall case, you deserve compensation for your injuries and other damages.
However, because Walmart slip and fall settlement amounts can vary so greatly, it is important to seek help from a Florida slip and fall accident lawyer for assistance.
What Are Some Examples of Walmart Settlements That Abrahamson & Uiterwyk Has Achieved?
Here at Abrahamson & Uiterwyk, we understand the complex nature of slip and fall claims, and we put our in-depth knowledge to work for you.
What Should You Do If You’re Injured at a Walmart?
If you sustain slip and fall injuries at Walmart or any other retail location, your next steps could affect your ability to recover damages. Personal injury lawyers recommend the following steps:
- Seek medical treatment immediately;
- Identify the hazard(s) that caused your fall;
- Take photographs of the scene;
- Identify witnesses and obtain their contact information;
- Write down everything you can remember;
- Notify the store manager of your accident; and
- Contact a Walmart slip and fall attorney ASAP.
If you require emergency treatment and cannot document the scene of your accident, you won’t be able to take photos or talk to witnesses.
Ask someone who was with you or who witnessed the accident to assist you and contact an attorney immediately for legal advice.
How Will the Value of My Walmart Slip and Fall Claim Be Determined?
Just like any type of personal injury claim, Walmart slip and fall settlements amounts depend on the nature and extent of your injuries.
You might have the right to pursue compensation for damages such as:
- Medical bills,
- Lost income,
- Pain and suffering, and
- Other losses specific to your case.
Walmart slip and fall attorneys calculate claim values based on the nature of your injuries and how those injuries will affect your life.
Some of the most common injuries that result from Walmart slip and fall accidents include:
- Neck and back injuries,
- Broken bones,
- Sprains and strains,
- Dislocations, and
- Traumatic brain injuries.
In any personal injury case, you are entitled to recover your actual damages from the at-fault party.
This might include some or all of the following:
- Emergency transport and treatment,
- Hospital stays,
- Physician services,
- Medical testing,
- Prescription drugs,
- Physical therapy,
- Lost income and benefits, and
- Pain and suffering.
If your injuries are severe enough to prevent you from going back to work, or if you require long-term treatment or care, you may also have the right to pursue damages for:
- Future loss of income,
- Diminished earning capacity,
- Future medical treatment, and
- Diminished quality of life.
Ultimately your value of injury settlements from Walmart depends on how injuries will affect someone’s future.
Walmart slip and fall settlements may also be impacted by prior slip and fall accidents that occurred in the same Walmart store. If you can show Walmart knew or should have known of potentially hazardous conditions prior to your falling in Walmart, your settlement value may increase.
A Florida slip and fall lawyer can research prior claims, accident reports, and Walmart slip and fall cases showing others slipped and fell at a specific Walmart. This all indicates the retailer was on notice and at fault.
Does Walmart Carry Sufficient Insurance to Pay My Claim?
In most cases, Walmart personal injury settlements result from negotiating with the company’s liability insurance carrier.
Because Walmart is such a vast enterprise, they formed their own captive insurance company to provide coverage. Like any insurance carrier, Walmart’s insurance arm is dedicated to reducing its potential liability and payouts in any way possible.
When negotiating your slip and fall claim, the insurance company may start by proposing a low-ball settlement offer. The insurer’s attorneys hope that unsuspecting injury victims believe that’s all they can recover. Once you sign a settlement agreement, you have no further right to pursue compensation.
Having an attorney on your side is the best way to protect your legal right to pursue fair compensation for your damages.
Who Determines Slip and Fall Settlement Amounts for Walmart?
If you slip and fall at Walmart and want to file a claim against the retail giant, you have to go through Walmart’s claim management company, Claims Management, Inc. (CMI).
This entity’s sole purpose is to investigate and administer claims for Walmart’s insurance company. In reality, CMI is in the business of avoiding liability for slip and fall cases against Walmart.
CMI’s Tactics to Avoid Liability or Minimize Your Settlement Amount
CMI representatives use tactics from sympathizing to coercing, all in an attempt to avoid or minimize Walmart slip and fall settlements.
Submission of Medical Bills and Pay Statements
CMI representatives may claim they need to review your medical bills and pay stubs to compensate you for your injuries and lost time at work. In fact, CMI is likely using those documents to build a case against you.
CMI may suggest any of the following to avoid liability or present you with a low settlement amount:
- Your injuries are not as bad as you claim;
- You were previously injured;
- Not all of your medical treatments were necessary; or
- You missed more work than necessary considering your injuries.
Do not be fooled by CMI’s tactics and hand over information that could significantly limit your Walmart slip and fall settlement amount. Speak to a lawyer first!
Obtaining Recorded Statement
Another tactic CMI commonly uses is making it seem mandatory that you provide a recorded statement describing the slip and fall at Walmart.
You have absolutely no obligation to do this, and in fact, you should never give CMI a recorded statement. CMI representatives are trained in asking certain questions so that you make comments harmful to your case.
For example, if you say, “I was rushing to get in and out of the store, and I slipped and fell at Walmart,” CMI will likely use this statement against you. They will argue you were at fault because you were rushing through the store.
Delaying Your Claim
If you provide your medical records and recorded statements, it may seem like there is light at the end of the tunnel for financial compensation.
But CMI representatives will be persistent in communicating with you to obtain the information they want, and then once they have it, they may seem to disappear. Intentionally delaying processing your claim is another tactic used to entice you to agree to a low settlement offer.
After months of medical bills piling up and possibly missing work, you may become desperate to get any financial compensation at all.
In some instances, CMI cannot avoid liability—for example, if the store violated its own Walmart slip and fall policy by failing to keep the premises safe.
However, CMI will make every effort to keep the settlement amount low. To do this, they may claim you caused the accident or you were prone to slipping and falling due to a degenerative condition, such as age or disability. Do not give in if you are not fully compensated.
If you are not satisfied with the settlement amount, the attorneys at Abrahamson & Uiterwyk can help you file a Walmart slip and fall lawsuit. We have been successful in obtaining satisfactory Walmart lawsuit payouts for our clients.
How Long Will It Take to Settle My Walmart Personal Injury Claim?
Just as there is no typical or average Walmart slip and fall settlement amount, we cannot accurately predict how long it will take to settle your case. Rest assured, however, that we work diligently to get you the maximum compensation as quickly as possible.
For most of our clients, we successfully negotiate a fair settlement with Walmart’s insurance company without having to go to court.
This ensures you get the funds you need at the earliest possible time. If we cannot convince the insurance company to engage in good-faith negotiations on your case, however, we will not hesitate to file legal action and fight for you in court.
When Should You Speak with a Lawyer About a Walmart Slip and Fall Claim?
If you sustained injuries due to a slip, trip, or fall at Walmart, contact a lawyer as soon as possible for a free injury consultation.
The sooner your attorney and legal team can investigate your accident, the better. Witnesses’ memories fade, and evidence can be lost. The more evidence your attorney’s investigators can obtain, the stronger your case will be.
Some of the most common evidence used to make a strong slip and fall claim include:
- Photos of the accident scene,
- Witness statements,
- Video surveillance footage,
- Store safety records, and
- Expert witness opinions.
Another compelling reason to talk to a lawyer as soon as possible involves Walmart’s insurance carrier. Once you report your accident to the store manager, the insurance company will snap into action.
The insurance carrier will likely contact you and ask you to give a recorded statement. The insurer can use anything you say in your statement to undermine your claim. Never agree to provide a statement or sign any documents until you talk to a Walmart slip and fall attorney.
Talk to a Florida Slip and Fall Lawyer Today
Before you accept a settlement offer from Walmart, talk to a slip and fall accident lawyer from Abrahamson & Uiterwyk. For more than three decades, we have fought to get justice for our clients. We are known for our highly personalized level of service and our ability to get results.
We offer a free consultation for victims of slip and fall accidents. We evaluate the details of your case and help you understand your options.
Contact us today to discuss your case and learn more about how we can help you with a Walmart slip and fall settlement.
Just as there is no typical or average Walmart slip and fall settlement amount, we cannot accurately predict how long it will take to settle your case. Rest assured, however, that we work diligently to get you the maximum compensation as quickly as possible. For most of our clients, we successfully negotiate a fair settlement with Walmart’s insurance company without having to go to court. This ensures you get the funds you need at the earliest possible time. If we cannot convince the insurance company to engage in good-faith negotiations on your case, however, we will not hesitate to file legal action and fight for you in court.
If you sustained injuries due to a slip, trip, or fall at Walmart, contact a lawyer as soon as possible for a free injury consultation. The sooner your attorney and legal team can investigate your accident, the better. Witnesses’ memories fade, and evidence can be lost. The more evidence your attorney’s investigators can obtain, the stronger your case will be.