Client recovers large settlement after door slams on finger
Our client, a young woman in her thirties, entered into a restaurant in Miami Beach, Florida. Her friends and family had arrived from out of town and she was interested in renting part of a restaurant to host a party. As the restaurant staff was about to walk outside to the outdoor patio area, a large gust of wind blew by which caused the patio door to violently swing closed shut. Our client did not have time to get out of the way and the door slammed shut on her hand which caused a small part of one of her fingers to sever from her hand. Our client was rushed to the hospital in complete shock.
Hospital Was Unable To Reattach Finger
Unfortunately, due to the time from which the finger was severed from the hand and the time our client arrived at the hospital, the doctors were unable to reattach the finger. As a result, our client had to undergo immediate surgery to protect the remaining part of her finger and to stop the spread of infection. Fortunately for our client, the finger was severed at the very tip and she was able to keep half her fingernail. After months of medical care, the finger healed as best as anyone could have imagined, and, without prior knowledge of the events, one might not even be able to distinguish between the hand with the severed finger and the hand without the severed finger.
Insurance Company Makes a Low Offer
Immediately after filing the claim with the insurance company for the restaurant, the insurance company denied liability. They felt that the gust of wind was an act of God for which they were not liable. Our firm hired an expert to determine that the restaurant owner was negligent for not having any safeguards in place against the door that would prevent it from slamming shut in the event of a large gust of wind. With Florida being known for hurricanes and heavy wind, our firm established that all restaurants must have devices installed on doors that would prohibit them from slamming shut and provide resistance to ensure that doors close in a slow and safe manner. Faced with this investigation, the insurance company made a very low offer to settle the case arguing that her damages were minimal since the finger healed very well.
Attorneys Dell & Schaefer Reject Offer, Prepare for Lawsuit
Our firm quickly rejected the offer and filed a lawsuit in the circuit court of Miami. Our firm sought monetary damages for bodily injury, pain and suffering, loss of consortium, disability, mental anguish, past and future medical expenses, lost wages, and impairment of ability to earn future wages. At mediation, our firm resolved the case for five times the pre-suit offer! While the actual settlement amount is confidential, our client was absolutely thrilled that she did not accept the pre-suit offer and was absolutely delighted that our firm zealously represented her interests in this case. She got a nice settlement as well as her hand that healed almost perfectly!
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