How much are Walmart slip and fall settlements worth in New Jersey?
As the cases below illustrate, Walmart has paid settlements in the range of hundreds of thousands of dollars for individual NJ slip and fall claims. However, most claims against Walmart don’t result in such high settlement values.
Due to Walmart’s policy of strenuously fighting claims, for every high-value Walmart slip and fall settlement, there are numerous cases that settle for far less. Sometimes, the injured victim receives no compensation. Additionally, Walmart lawsuits are often settled confidentially, without disclosing the settlement amount.
To get the most money out of your Walmart slip and fall lawsuit, you’re going to want an experienced attorney on your side.
To sue Walmart for injuries sustained in a slip and fall accident, you generally need to prove two elements of a personal injury case: liability and damages.
Meeting these requirements is challenging. If you leave any room for the defendant to argue that something other than the fall caused your damages or if you overlook any losses in the calculation of your damages, your settlement won’t be as high as it would be otherwise—if you get compensation at all, that is. Additionally, if you miss any legal deadlines, you could lose your right to pursue compensation completely.
Legal claims for slip and fall accidents are based on the negligence of the property owner, the business using the property, and its employees. Negligence in maintaining the property of a retail store like Walmart can allow the conditions that pose a slip and fall risk to develop and persist in several areas of the store.
For example, Walmart slip and fall accidents might occur due to spills, defective refrigeration equipment, debris, inadequate lighting, torn or rolled-up carpeting, and slippery or poorly maintained walking surfaces throughout the premises, including in the following areas:
While not every spill or wet condition can be prevented, retailers like Walmart have a duty to inspect the premises regularly, address safety hazards they know (or should know) about, and otherwise mitigate risks. Failing to do so can constitute negligence.
A woman sued Walmart Stores Inc. (the company behind Sam’s Club retail warehouse store) and Morrissey Paving after the plowing of snow allegedly caused the formation of black ice in the retailer’s parking lot, leading her to slip and fall on the icy walking surface. The plaintiff sustained herniated discs in the lumbar region of her spine. Over the course of her treatment, she underwent 12 epidural injections, a discectomy with fusion surgery, and subsequent surgery to implant a titanium cage in her spine. The case settled for a total of $795,000, with Walmart paying $600,000 and Morrissey Paving paying $195,000.
The dangerous conditions on the Bergen County, NJ, premises owned by Walmart Stores, Inc. allegedly caused a woman to suffer serious physical injuries. In addition to her considerable medical expenses and the need for future medical care, the injured victim suffered additional losses, including lost time from employment and impairment of future earning capacity. The case went to arbitration, where it was resolved without proceeding to trial for the amount of $375,000.
A Walmart slip and fall lawsuit settlement may include compensation meant to address damages like the following:
Each individual case is unique. A New Jersey attorney with experience handling Walmart slip and fall claims can identify, calculate, and document the full extent of your damages so that you can secure the most money possible for your case.
If you’re going to take on Walmart and the ultra-wealthy Walton family in a legal battle, you’re going to need help. Historically, Walmart has been a difficult company for injured fall victims to get money from, and Hastings Business Journal reported that founder Sam Walton “established the company policy of fighting lawsuits and it remains the policy today.”
Under that policy, as the same Hastings Business Journal article noted, you would only be able to successfully get compensation from Walmart after going through a long and grueling process to prove the retailer’s liability. You must also document your injuries as thoroughly as an experienced personal injury attorney would. For someone without a legal background, the complex legal process and the lengthy and tedious legal filings and court proceedings required could prove to be an insurmountable obstacle.
Having an attorney on your side not only means that you have experienced representation in court proceedings but also puts you on the path to securing maximum compensation. As studies referenced by the Insurance Research Council have shown, plaintiffs with attorneys receive 3.5 times more money, on average, than claimants without professional representation.
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