Healed, settlement with WalMart

15 years ago

After 8 weeks from fall on Isle 7 at WalMart with pulled ligament on RIGHT leg, reached a settlement with CMI, Claims Management Inc, on Tues.

Consulted with attorney, and he says it is fair and square.

My medical bill was not that enormous, and I will receive 4 times the medical bill. Thankfully no breaks, but took a long time of healing with lots of discomfort.

Enough for nice spending money plus to spend when I find a nice trip.

Check is in the mail, with a release form.

Attorney said: Be sure I am totally healed, which I am, per dr.

Just thought you would like to know.

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Comments (33)

alisande
15 years ago
That's great news, Glenda -- especially the part about being totally healed!
Jodi_SoCal
15 years ago
Wonderful Glenda, on all accounts!

Now... I got to know, did you ever get reimbursed from your missed cruise?

Jodi-
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The insurance thing is true in business. It is sometimes called "key man insurance". Also many companies sell these policies in a transaction called life settlements. Did you know many people sell their life insurance policies in transactions called life settlements? Many people don't need thier polices any longer, or can't afford the premiums, or have no heirs left to benefit from the policies. So instead of not paying the premium and letting the policy lapse, they can sell the policy for more than the surrender value but less than the face amount. The new investor becomes the beneficiary and pays the premiums to keep the policy in force. When the person dies, the investor collects the face value amount. It is a win-win for everyone except the insurance companies because the figure over 85% of life insurance policies will lapse, therefore they never have to pay off on the policies. The old person gets more than he would if just cashing the policy in or letting it lapse in the case of term insurance. The investor gets a great return as long as the deal is structured right. There are many variables in these transactions such as persons age, health, premium amounts, life expectancy, cost of the policy, ect. As an example of a 1,000,000.00 policy with a 75,000.00 surrender value, the old person may walk away with 200,000.00 and the investor will cash in on the million when they pass. Premiums can be all over the board depending on factors, but say they are 30,000.00 a year and the person lives for 7 more years. Now the investor has 510,000.00 of his money tied up to take in a million when the person passes. Very interesting business transaction.
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Do NOT speak to much with the WM insurance adjuster that will call within a few days. When the nice concerned person asks how he is doing just state "There is some pain and swelling today and if it continues I/he will be seeking medical treatment." At this point the adjuster should hopefully offer a phone # and even a case # letting you know where to send any bills from treatment and therapy if needed. If not then ask "If treatment is necessary please give me a contact phone # where I/he can talk with someone about any charges for treatment to be taken care of." There should be no problem with the adjuster giving you his/her full name and a contact # (Toll free at that) and an extension. THAT IS ALL. If You say something like "Oh just fine." or "I'm (He is) doing okay." They can/will use the recording to say he said he was fine and they are not responsible for any bills. DH really should have an X-ray at least, if not an MRI or Cat scan of the injured ankle. There are a lot of little bones that could be seriously damaged and cause much trouble later after incorrect healing. Walmart has very good insurance and have been paying out for negligence injuries without much hassle at all. It is cheaper for them to pay out up to $14,500.00 without having to deal with lawyers and court, than allow a suit to be filed taking much more time and money. He is also entitled to an amount of money as compensation for the stress he has undergone, any lost wages and out of pocket expenses (such as hiring someone to take care of any issues he was unable to attend because of the injury) in the settlement. This is not something that has to be litigated or sued for it is considered a reasonable settlement/compensation for negligent injury claims. If you do have the need to discuss this with an attorney there are many that take personal injury cases on contingent. I warn you now in the case you do hire an attorney to handle this issue be prepared for a long drawn out time span (months to years) with more money from the settlement going to the attorney than in your pocket. With that info from our personal experience given. I'll move on. I do hope the DH has nothing more than a bad sprain and will be strolling along in fine mettle soon. Non-Slip shoes are available at Wal Mart and can save a fall! Maybe get a few pair tossed in the settlement agreement. LOL CT PS My DH just added this.....Make absolutely sure you get copies of all reports, Xrays (imaging), treatment/therapy recommendations along with medications prescribed sent to your primary physician and or yourself. ASK for the forms you need to fill out for all of these things to be sent and do not waiver. These have to be requested by the patient, not by the physician, so don't leave without filling out the forms. Make sure to let your primary Doc know what is going on and get any followup treatment necessary. These reports can and have gone missing from files where a lawsuit or negligence case is a possibility.
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Cherryfizz
15 years ago
That is good to hear Glenda. I am glad you weren't hurt any worse than you were.

Anne
mombondo
15 years ago
First, I am happy you are okay after all those weeks of pain/discomfort. I can still see that huge,ugly bruise on your leg!

Second, CONGRATS on your settlement!

Third, I hope this opens Wal*Mart's eyes to keep their "much too narrow" aisles a safer area for their loyal customers!
donnakt_gw
15 years ago
My friend called tonight..she had an accident with one of the electric carts (not sure how it happened) but she broke her ankle. She is in the process of suing Walmart due to a falty cart. This just happened yesterday..so she'll have a long healing road ahead of her.
foggyj
15 years ago
Glad to hear all is well.
Pieonear
15 years ago
Glad you're back to normal. Enjoy that money. You' ve earned some good times.
gemini40
15 years ago
Glenda that is sweet!! enjoy the spending spree in a location of your choosing. Sounds great to me.

june
Linda Wayman
15 years ago
Glenda, that sure was a nasty looking injury you had. I'm glad it's about healed and of course I'm happy you have some extra spending money for your next trip.
Linda
wanda_va
15 years ago
Glenda, I'm glad you are all healed now. Enjoy the money--no one deserves a little extra fun more than you do! Hugs!
deemarie5500
15 years ago
Thank goodness you are better! Continued good health; glad this is behind you now.
Dee
Happy_Go_Lucky_Gayle
15 years ago
Glad to hear you are Healed and got reimbursed by Wal-Mart.

Gayle
waddles
15 years ago
Good to hear that you are good as new.
evatx
15 years ago
That you're healed is the best news, but it's also great that WalMart has settled without a hassle.
Dee1
15 years ago
Glad tohear you are all healed up. A long time ago my neighbor fell in Walmart and she made out like a bandit...which she was. She faked most of her injury and ended up getting a remodeled house so she could have first floor laundry, bathroom facilities and also a marble tile floor throughout the whole downstairs. She ripped them off royally. I guess what goes around comes around and she may end up paying for her dishonesty in the future. I will say WalMart is good about standing by their customers.
glenda_al
Original Author
15 years ago
dee1, what a shame!

jodi, no reimbursement on the $2200 with Carnival. Searching for a trip, but really really need a travel companion, which most of my friends are married and go go go with their mates. :o(
glenda_al
Original Author
15 years ago
Well, the release form came, and I need to have lawyer read it before I sign.
I'm not good at all this dot and that dot, and all the buts commas and long sentences :o) They have ALL the bases covered.
Jodi_SoCal
15 years ago
Oh no Glenda! Did they give a reason why not? You missed your flight through no fault of your own. That just makes me so angry! Did they at least give you credit towards another cruise on Carnival???

Jodi-
glenda_al
Original Author
15 years ago
jodi, they gave me credit to use on another cruise within 24 months.

Anyone wanna go on a cruise with me?
Charlee_MO
15 years ago
Mamaglender, you know I would if I could.
Glad you got a settlement and so sorry I didn't know you had been hurt. Very glad to know you are better.

Hugs,
Charlee
wanda_va
15 years ago
Jodi, I'm really not surprised that Glenda didn't get a refund. They are not very nice about cancellations.

My parents were scheduled for an Alaskan cruise in 2006. Right before the cruise, my son (who was their only grandchild) was killed in a car accident, and it caused my mother to have a severe seizure/stroke and be hospitalized for more than a week. (She was released from the hospital the day before they were to leave for the cruise.) My father wrote a letter to the cruise line president, explaining what happened and included a letter from my mother's doctor, a copy of my son's obituary, and a copy of the hospital bill. The cruise line president said he was sorry, but since they didn't have cruise insurance, there was nothing he could do! No refund, no credit, nothing.
solstice98
15 years ago
This is a part of our culture that I will never understand... you received a settlement 4 times the medical costs because you fell down walking thru a store. Not a big scary factory with broken up floors, but a modern store with floors in good shape. Ok the aisles are narrow but seriously most people can walk through there without falling and I'm guessing most people wouldn't consider it 'hazardous'. Walmart certainly didn't intend for it to be dangerous and didn't want you to fall down. They didn't push you or make you fall down. You fell. People do sometimes and it's not anyone's fault. This isn't money you need to cover medical expenses as you say it's "nice spending money". And many people here have said congratulations. Congratulations?!? Then we complain because costs are rising. I'm sorry and I know this isn't the popular view. I'm sure you are a very nice person and just following the societal norm. But it's wrong. You fell down and they paid your medical expenses. "Thank you" should be the response, not "give me more".
Jodi_SoCal
15 years ago
Ok Glenda, I feel a little better now about Carnival but not great about cruises in general after reading Wanda's terrible and tragic story. Wanda I am so, so very sorry that happened to your family.

Jodi- shaking her head in total disbelief
glenda_al
Original Author
15 years ago
I fell because of standing water on the isle and there was NO CONE FOR CAUTION.

There was lots of pain and suffering.
It's not like the one dee said that went for it all.

Was COMPENSATION and a fair one at that. Not over the norm, so THERE!

I can use it as I please.
For weeks, I couldn't walk without a cane, could not drive, very hard to sit on the JOHN, lost self-confidence on walking anywhere for FEAR of falling again, and lots more.

Yes, WalMart WAS responsible for neglect with water on the floor.
yankeegirl
15 years ago
Glenda
I am so glad you are ok and everything is taken care of.
Solstice98 do you really think that nasty comment was called for? I don't see anywhere in Glenda's post where it says "give me more"
patti43
15 years ago
Glenda, Glad you talked to an attorney. I, personally, am happy for every penny you got. I don't guess Solstice98 saw that picture of your leg. Hope you can find a cruise friend and enjoy every second of your trip. Sit back with a tall drink with a little umbrella and lift your glass to your friends at the KT who wish we could all go with you!!
susanjf_gw
15 years ago
or does soltice, bless h/er, realize while you're healed, that doesn't mean you won't have problems down the line...that the first cold weather you won't have stiffness, or favor it after a long walk...and never see a dr again...i pray s/he never has to...
maryanntx
15 years ago
Glenda, I'm so glad you are satisfied and especially that those terrible bruises have healed.
nodakgal
15 years ago
Glad its all over.
I'm not an expert on any of this, but I doubt very much insurance companies just give money away without checking into things very well. (and yes, I know there is fraud everyday)
golfergrrl
15 years ago
Sounds like a "go away" settlement to me.
I'm guessing Soltice didn't realize that the floor was wet, which is a mitigating cirucumstance.
Otherwise, the points made are valid.
glenda_al
Original Author
15 years ago
Claims Management Inc said it would take two weeks for them to pull the film from camera that WM has all over their stores. She called me two weeks from the day I called.
She wanted to know the total amt of medical bill and gave me a dollar amt. Which was THEIR offer, which I took.

Three WM associates were witnesses and made notation on the claim which THEY gave me that there was standing water, plus two customers who graciously assisted me in getting off the floor and onto an electric cart as I could not walk.

And YES I am justified in what I received which was NOT that much.
They offered, I accepted.

So be it!
loggerbaby123
15 years ago
im so glad everything worked out for you, i saw the pictures you posted of your bruises and they were terrible. i am so glad your ok.
jannie
15 years ago
Glenda, I remember that photo of your bruised leg. I'm glad you're all better and got a little money out of Walmart.

Healed, settlement with WalMart

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