Legal Question in Civil Litigation in Illinois

First, it is highly unlikely that WalMart will make you any offer of settlement. WalMart is notorious is not settling legitimate claims and taking matters all the way to trial. But, in the off chance that an offer is to be made, a fair settlement is one that your mom is willing to accept. The final number is a factor of the nature and extent of injuries, the medical treatment received, the medical bills incurred and the doctor's opinion about the prognosis. All those must be taken into account.

I hope this helps-

In my experience, WalMart is unlikely to make a fair offer or any offer at all. You will probably have to hire an attorney. A fair settlement is based on perspective, what is fair to WalMart, probably isn't the same as what your mother will think is fair. There are a number of elements involved in a settlement:

1) Who is at fault. In Indiana, either Walmart had to have caused the water or had knowlege of the water far enough in advance to have corrected the situation or provided notice. Assuming they are at fault, then a consideration needs to be made as to whether your mother contributed to her injuries by for example not keeping a lookout as she was walking.

For your mother to recover, Walmart has to be more than 50% at fault. Assuming that Walmart is more than 50% at fault, damages have to be considered. Damages allowed in Indiana include, medical expenses, present and future; lost wages, if any, present and future, disability, the nature and extent of the of injury, the medical bills and related expenses and pain and suffering, all of which must be connected to and caused by WalMart's negligence.

Please feel free to contact me if you have additional questions.