He reported the fall and spill immediately to the manager, then went back several hours later to do a formal claim and found that they never cleaned up the spill!!! So irresponsible, but anyhow, he had to have back surgery and has two tears in both shoulders. The medical bills to date are $239,000.00 he has been out of work 6 months for a total of $260,000.00 of hard costs. My insurance company has filed a claims against the store directly for reimbursement of all medical costs.. I was wondering with hard costs so high, Can he negotiate pain and suffering and if so, what is a reasonable amount??
I live and work in Los Angeles and deal with accidents like yours all the time, so I am happy to answer your question. The answer to your question is your gut instinct is right in that you are not certain about your rights. Premises liability cases are always TOUGH. They are KNOWN for not settling cases. Moreover, I've handled cases against Walgreens and I already see some wholes in your case. One big thing that jumped to my mind is that the parking lot is made of concrete which makes it tough to "slip" regardless of what substance is on the concrete. More facts are needed to come to a final conclusion, but make no doubt about it, you should definitely hire a lawyer.
At our firm we always refer people to all kinds of doctors and chiropractor and our clients never pay anything upfront, not even a copay. The doctors are willing to do this because an attorney is on board. You are entitled to have your property damage, medical bills and future medical expenses PAID FOR BY THE OTHER PARTY'S INSURANCE. The attorney you hire will handle the claims process from start to finish. I've handled cases and referred clients to great doctors in the Los Angeles, CA area.
But you are going to need to see a specliast to even get a shot at getting future medical treatment from the Defenedant. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.
Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.
With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the Los Angeles, CA area.
Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it.
Your husband should certainly consult with a personal injury attorney. Any of us on would be more than happy to speak with him. In a premises case such as this one your husband (through his attorney) will need to prove not only that the oil caused a dangerous condition on Walgreen's premises but also that Walgreens had notice the oil was there and failed to do anything about it. With the amount of damages your husband has endured, it is worthwhile to hire an attorney to look into it.
Most injury attorneys handle cases on a contingency basis and offer free consultations so there is no need to wait.
With slip and fall cases and with that extent of damages, you and your husband will have to file a lawsuit to receive any meaningful recovery. There are complicated facts that you need to establish to prove liability before you even discuss damages. Why haven't you contact a lawyer by now to help you? The consultation is free and most lawyers will work on a contingency fee. Just contact someone with a track record of handling slip and fall cases.
There is no way to tell what a reasonable amount should be, without a full consultation. A lawsuit would probably have to be filed for the best result as well.
Slip and fall claims are complicated and you/your husband should not attempt to negotiate with Walgreens without the assistance of an experienced attorney. The amount of pain and suffering damages your husband may be entitled to receive depends on many factors. Consult with a personal injury attorney for further advice. Good luck.
Consult immediately with an experienced CA personal injury attorney. Failure to do so could have severe consequences to your husbands ability to obtain a fair recovery.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Best to have a personal injury lawyer investigate. has a terrific "find a lawyer" tool to find an aggressive top-rated attorney with a low contingency fee. Good luck.
Michael Elliott RubinsteinPersonal Injury LawyerBeverly Hills, CA ·
I'm sorry for your husband's pain, and I hope he has a quick recovery. Your husband needs to retain a personal injury attorney as soon as possible. It sounds like Walmart was negligent in maintaining the safety of the parking lot. Do you have photographs of the puddle of oil? Do you have photographs of his injuries? These would be important pieces of evidence in a premises liability suit. You mention that your husband has been out of work for six months. Please be aware that the statute of limitations might be approaching, which means your husband will need to file a lawsuit soon before his ability to do so expires. Your husband should be able to obtain compensation for his pain and suffering, but DO NOT attempt to do this without the assistance of an experienced personal injury attorney. Best of luck, and Happy Holidays.
A "reasonable amount" is compensation for the past and future medical, plus past and future wage loss, plus past and future pain and suffering - against a defendant who is responsible for the loss - minus your husband's proportion of comparative fault.
Proving that Walgreens is at fault is not easy. It has to have notice that its parking lot is dangerous. Claiming that Walgreens should know about oil just because it is a parking lot also applies to pedestrians, like your husband, who are walking about the parking lot.
I hope that your husband took pictures of the scene. They will be critical evidence to the size of the spill and potentially the age, which would help to establish that Walgreens knew of should have known of the dangerous condition. Parking lots are typically a combination of asphalt and concrete. Asphalt is much more slippery when exposed to oil. An expert witness will have to be retained in the field of premises liability to help establish Walgreen's fault and the extent of the danger presented. Many thousands of dollars will be spent trying to prove your case.
The damages appear to justify the risk, but this is not something you can do on your own. Call an attorney. Personal injury attorneys will give you a consultation for free.
With bills that high, you guys are insane not to have hired an attorney. A lot of firms, including mine, offer free consultations. Don't waste time; act today.
