Pembroke Pines Slip and Fall Attorneys Dell & Schaefer Settle Case for $150,000 In Spite of Client’s Pre-existing Injuries


When you aggravate a pre-existing injury in a fall, you may initially fear that you can’t sue. After all, if the injury pre-existed the fall, you may think, you won’t be able to blame the defendant for it.

Nonetheless, if you worsen a pre-existing condition in a fall, contact the Pembroke Pines Slip & Fall Attorneys at Dell & Schaefer. In the state of Florida, victims of accidents are entitled to be compensated for aggravations of pre-existing injuries.

Pembroke Pines Slip & Fall Results in Back Injury

Our client was the forty-five-year-old mother of three children. At the time of her accident, she was shopping in a mall in Pembroke Pines. It was the day before father’s day.

Unfortunately, as our client was walking down the hallway in the mall, her foot encountered a puddle of a white, sticky substance on the ground. Her foot slipped, and our client crashed to the ground. She badly injured her back in the fall.

Hoping that her back pain would subside, our client got up off the ground and continued shopping. As mentioned above, the next day was father’s day, and our client really wanted to get her husband a gift. Eventually, our client finished shopping and went home.

Over the next couple of days, our client’s back pain became progressively worse. Eventually, our client couldn’t stand the pain anymore and went to a local chiropractor in the area. The chiropractor placed our client on a regimen of chiropractic/physical therapy, wherein our client had to visit the office of the chiropractor several times a week for many months.

At some point, the chiropractor ordered an MRI of our client’s lower back. The MRI revealed multiple herniated discs in our client’s back. Based on this, the chiropractor referred our client to an orthopedic surgeon. Our client visited the office of the orthopedic surgeon within weeks.

Upon viewing the MRI, the orthopedic surgeon determined that surgery would be necessary. The procedure was scheduled, and the doctor operated on our client within a couple of months of the initial visit. Clearly, all of this was not easy for our client, and she was ultimately left with excruciating back pain that remained even after the surgery.

Pembroke Pines Slip & Fall Attorneys Dell and Schaefer Settle Case for $150,000

After the surgery, our client contacted the Pembroke Pines Slip & Fall Law Firm of Dell and Schaefer. We took the case.

Soon after filing suit, the defense attorneys on the case argued that the case was worthless because our client had a pre-existing injury to her back. It turned out that the defense attorneys had found an emergency room record from a couple years before the accident where our client had complained of back pain.

We spoke to our client about this, and our client explained that the back pain she had experienced in the emergency room a couple of years before the accident was in relation to her menstrual cycle. That is, it was apparently her menstrual cycle that had been causing the back pain.

The Pembroke Pines Slip & Fall Attorneys at Dell & Schaefer argued to the defense attorneys that it was entirely possible for a woman’s menstrual cycle to cause back pain. This was backed up by doctor’s testimony in the case.

We also argued that our client was extremely active in her children’s lives before the accident and that this was no longer possible with the pain she was experiencing after the accident. For example, our client told us that there were many days after the accident when she couldn’t even get out of bed all day due to the pain.

These arguments helped us to resolve our client’s claim for $150,000. Our client was satisfied with the result. Even though there was a medical record demonstrating that our client had been to the emergency room only a couple years before her accident complaining of back pain, she now had a settlement for $150,000.

If you aggravate a pre-existing condition in an accident, don’t think that you automatically cannot pursue a case. Contact the Pembroke Pines Slip & Fall Law Firm Dell & Schaefer, and we will get you the compensation you deserve.



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