Slip And Fall At Walmart

[Alter]

I was shopping at walmart with my two sons(15 and 9 yrs. old)for personal items and groceries.I had trouble finding an item and turned the corner of the isle to look for it when my sons stopped me and asked if they could get something at mcdonalds.I told them as soon as I find the item they could. At that point I looked down the isle and saw a worker stocking shelves about 10 feet away from me. I said "excuse me" she looked up at me and as I started to walk towards her. Before I knew it I flew up in the air and landed on my right knee, hip and foot.My sons both witnessed this and my 15 yr. old filed an eye witness account of the fall.The manager made a comment about taking a picture of my knee which was as big as a basketball but never did.The substance I slipped on felt sticky but the worker told the manager she didnt see me fall and I slipped on water.My son said it took her two towels to clean it up and it was a gel like substance. I was taken to the er by ambulance as I couldnt get up.Bottom line is impaction fracture right knee,avulsion fracture to right ankle,micro fractures to the right hip and multiple contusions and bruising to the right side .Walmart called and got a statement from me the next day. In response to their questions I told them I had a good pair of walking shoes on(Clarks) and I thought they were 100 percent responsible because the worker was right there stocking the shelves and there was no warning sign up.I also told them they should have this all on tape((which they later confirmed but said they didnt have the actuall fall just me starting to go down the isle. I have been on a  on a three year social security disability for medical reasons and for the right knee that was injured at home(arthitis).I was doing well with my rehab and was getting ready to do a ticket to work program offered by social security.The doctor I saw the day after the injury told me I needed a total hip and total knee due to progression of arthritis and the injury.Prior to this I was feeling well enough to schedule a trip to Italy with my family for my 34th anniversary. My 9 year old is my adopted nephew who came from a drug abused home -my husband and I obtained custody when he was three and his mother died 6 weeks later.His witnessing my fall caused a lot of emotional stress for him. The adjuster said walmart would take care of the medical bills and I could offer to settle with them at any time but advised me to finish treatment first.She also said to mention about my 9 year old and submit any bills even gas mileage.Then she told me someone sprained their ankle last week and asked for 100,00 dollars and she said "no" but ,she told me I have broken bones and need to think of what this is worth to me.I told her I have never sued anyone and would like to work with her.She said I would get more money that way bc lawyers take a high percentage.My family thinks I should ask for 1 million dollars for loss of future wages,pain and suffering permanent joint disablement and exacerbation of other medical problems asthma and esophageal errosions(wich makes it impossible to take motrin or aspirin-tylenol does nothing)I am a 54 year old woman living in Pennsylvania a nurse by profession(32 years at the same hospital)I think my case is worth 250,000 total.Can an adjuster allow this kind of money to settle a case or should I just hire an attorney?

ANSWER: Mary,

I am sorry to hear about the ordeal you went through at Wal-Mart and the injuries that you have endured.  You raise a basic question: when do you need an attorney?

You have described in great detail the facts of your case and the supporting evidence. You have also described the damages – both to you and your adopted child. You are currently working with an adjuster for Wal-Mart(they are self-insured so there is no insurance company involved). The short answer is that the adjuster either has the authority to settle the case or can get authority. You can negotiate a settlement with Wal-Mart without an attorney.

If you hire an attorney, in most instances, the attorney will charge a fee equal to one third of any negotiated settlement or court award. If that is the case, then what are the benefits of hiring an attorney?

The primary benefit is that the attorney will look out for your interests. You need to remember that no matter how nice and competent the adjuster may be, her job is to protect the interest of Wal-Mart, not you.

You say that you think your case is worth $250,000. How accurate is your assessment? Is it unrealistically high? Is it unrealistically low? An attorney will conduct an investigation into your case and develop an assessment based on that investigation, the medical testimony, review of case law and knowing the awards issued in your area for similar injuries. Will this make a difference? If you overestimate the value of your case, then you will find it hard to settle and you will not be satisfied when you do. If you underestimate the injury, you will receive less than you deserve. I would need to investigate your case, review your medical records and speak to your doctors to assess the value, but I can tell you that I just settled a case for a woman with a fractured ankle hurt in a slip and fall for $350,000. I also recently won $500,000 in a court case for a woman knocked down by a bus who fractured her knee.

While you are talking to the adjuster, what statements are you making that may undermine your case? What evidence is being lost as you do not have someone investigating on your behalf and holding on to evidence. If the nice adjuster for Wal-Mart makes a low-ball offer and you need to go to court, have you lost an opportunity to develop a winning case?

The value equation that a good attorney offers is simple. He or she will aggressively fight for your interests and the resulting settlement or award even after paying the legal fees will be greater than if you negotiated a settlement on your own. The adjuster for Wal-Mart knows this, why else would she try to convince you not to hire an attorney? I hope you found this information helpful. If you have questions, please feel free to give me at a call(1-800-660-1466) or email me([email protected] ). If you need help finding an attorney, you can contact me and I can help you find one. Carol L. Schlitt New York Personal Injury Attorney

www.SchlittLaw.com

1-800-660-1466

[email protected]

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. ---------- FOLLOW-UP ----------

Do you think I have a good case and if so what do you think the strong points are about this case.In answer to your earlier question I had to call the adjuster and let her know the names of the chiropractor and orthopedic doctor I would be seeing. I also cracked a bottom molar(on impact) but it wasnt apparent till 1 week later.I had to go to the dentist and have it fixed.The reason I know it was due to the fall was I just had a dental check up with xrays before the fall and there were no fractures then.I have maintained a friendly but professional relationship with the adjuster and have only given her info relevant to the injuries.She knows now about the tooth.

[Lorenzo]

Mary,

I am sorry to hear about the injuries you have suffered in this case. The broken tooth can be very painful and it is good that you notified the adjustor about that additional injury. I am glad that you are getting the medical care that you need.

From all you have told me, it appears that you do have grounds to seek compensation from Wal-Mart for your injuries. Remember, you need to prove two main points:

1. You need to prove that Wal-Mart's negligence caused you to fall. 2. You need to prove that the fall is what caused your injuries.

My best advice is to engage a personal injury lawyer in Pennsylvania to assist you with your case. If you would like, I would be glad to discuss your case with you. You can call me at 1-800-660-1466 and I will discuss the liability and damage issues and answer as many questions as I can. I cannot serve as your attorney for this case because I only practice law in New York(and in Federal Court). However, I can assist you in finding an attorney in Pennsylvania who can represent you. I would not charge you for this assistance.

I hope this helps. Please call me(1-800-660-1466) or email me([email protected] ) if you have additional questions, want to discuss the case or want help finding a local attorney. Carol L. Schlitt New York Personal Injury Attorney

www.SchlittLaw.com

1-800-660-1466

[email protected]

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.