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I fell in walmart how much should i ask

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georgeous

Junior Member
I currently visited walmart where i slip and fell on clear liquid. Walmart stated to me that i once done with Physical Therapy they would settle my claim. I have Post Traumatic Arthetis of my knee. How much should i send a demand letter in for. *NOTE WALMART WILL TRY TO LOW BALL ME SO I THINK I SHOULD START HIGH. Post tramatic Arthetis there is a 25% chance that i will need Knee replacment. I am under 27 in good health until this happened.
 
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Zigner

Senior Member, Non-Attorney
I currently visited walmart where i slip and fell on clear liquid. Walmart stated to me that i once done with Physical Therapy they would settle my claim. I have Post Traumatic Arthetis of my knee. How much should i send a demand letter in for. *NOTE WALMART WILL TRY TO LOW BALL ME SO I THINK I SHOULD START HIGH. Post tramatic Arthetis there is a 25% chance that i will need Knee replacment. I am under 27 in good health until this happened.
US Law Only
 

justalayman

Senior Member
I have got to hear this one.

How long ago did you slip and fall?


Oh, nevermind, I can't wait.

You do not have traumatic arthritis if you have not even finished PT.

But what the hell. Since you already are looking at a new knee and are only 27, chances are you are going to need at least 1, maybe 2 replacements (plus the original) by the time you kick the bucket. If you do physical labor, you can plan on going through one in less than 10 years so you would be looking at 3 or 4 replacements.

I would shoot for a cool million. Just 1 replacement is going to be near $50k so if you figure 3, you are at at least $150k. Then pain and suffering at 3 times actual ($450k) would bring you to $600. Add some room to negotiate and I come up with $1M.
 
I slipped and fell in a Walmart when I was 9 months PREGNANT and I was told "too bad so sad" because they weren't "given reasonable notification of the spill' therefore they did not have a fair amount of time to clean it up. Good luck with this one!
 

Country Living

Senior Member
Here are my numbers.

$1.2Mil staring point using the above numbers
- 20% for the 20% spelling/grammatical/punctuation errors.
=$960k
- 40% penalty since four of the seven sentences had bad structure
= $384,000
X25% chance she’ll need knee replacement sometime in her life
=$96,000 divided by the # of years of her expected life span (assuming 80 years)
=$1,811 a year (80-27)
X5 years (knee replacement at age 75)
=$9,100 (rounded up…)
-90% because she fell at Wal-Mart nine more times in the same place
=$910
-$1,000 for that double preposition.
She owes Wal-Mart $90

ETA: No... let's make that -$5,000 because she edited her post to fix the spelling error.
 
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