Dell & Schaefer Settle Case for $470,000
Author: Attorney Daniel Villalobos
Lady Gets Out of Car And Falls In Hole
Our client, a middle aged woman was assigned a parking spot in her apartment complex. On the first day of parking, she stepped out of her vehicle in the middle of the night. Because it was dark out, and there was not proper lighting, our client did not see a large uncovered manhole in the middle of the driveway. Our client fell four feet into the hole and suffered injuries to her neck and back. When she made a report with the homeowners association, the association informed her that she needed to be more careful when walking in the parking lot. They refused to pay for her injuries or her medical bills. Not knowing what to do, our client called the Miami Negligence Attorneys Dell & Schaefer.
Client Seeks Medical Care
Because our client fell into a hole after stepping out of her vehicle, she was deemed to have suffered an injury related to an automobile. Because her injuries were directly linked to an automobile (she had just stepped out of the car when she fell in the hole. Her hand was still on the door when she fell) she qualified for personal injury protection benefits with her automobile insurance policy (PIP benefits). Because she qualified for PIP benefits, her auto insurance paid up to $10,000 to the doctors who treated her for her injuries. As such a substantial portion of her medical bills were paid by PIP. After conservative treatment failed to give her any long term relief, our client decided to undergo a fusion surgery to her spine.
Dell & Schaefer Negotiate A Settlement
Immediately after the surgery, our firm filed a bodily injury demand against the insurance company for the condominium association. Our firm sought monetary damages for bodily injury, aggravation of a preexisting condition, pain and suffering, loss of consortium, disability, mental anguish, past and future medical expenses, lost wages, and impairment of ability to earn future wages. We were unable to settle the case with a simple demand letter because the insurance company offered too little money. After a lawsuit was filed, the case settled prior to trial for $470,000! Our client was absolutely thrilled that she could recover almost a half million dollars after falling in a hole.
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4 comments
I was injured in a slip and fall accident in a Walmart in Virginia. Do you practice law in my state? If not, do you have an affiliate you would reccomend?
William,
We would like to know more about what happened to you in order to determine if we can help. Please call us to speak about your case.
I fell in Walmart on March 13, 2015 as a result of a spill. There wasn’t any caution signs up. The ambulance transported me to hospital and after x-rays I was told I had sprained my right knee and left hip. I left on crutches with instructions to stay off my feet for 6 weeks and no bending or lifting. I started experiencing bad pain in my hip all down my leg into my foot. I went to the Dr. again and was told I had sciatica due to fall. I was put on an anti-inflammatory for 2 weeks and now I’ve been referred for another x-ray and physical therapy. I just got a call from Walmart claims stating they weren’t accepting liabilty. They are clearly liable so where do I go from here?
Lisa,
What was the cause of the spill? Do you know what the substance was and where it was coming from? Did Walmart create an incident report? Were there any surveillance cameras in the area? Please call me to discuss this case further.