Delray Slip & Fall Attorneys Obtain Settlement from Apartment Complex
32 year-old Delray Beach father of two injured at friend’s apartment complex
A 32 year-old Delray Beach father of two was injured while visiting a friend at his apartment complex when he fell off of an improperly maintained staircase. Our client was with his 3 year-old son visiting a friend and was walking up a set of stairs leading to the second floor of the apartment complex when he noticed that his son, who had walked ahead, tripped on a step and fell forward onto his knees. Our client immediately rushed to the aid of his son, who was further up the flight of stairs, and was using the handrail on the left side of the staircase when he reached a portion of the staircase that, unbeknownst to him, was missing a handrail. Our client lost his balance as he reached for the non-existent handrail and fell off of the staircase to the ground, approximately six feet below.
Delray Beach father of two is rushed to hospital after falling off staircase
Our client’s friend immediately called 911. Delray Beach fire rescue responded to the scene, placed our client on a backboard and rushed him to the hospital. Our client was treated by emergency room physicians for complaints of pain in his neck and back. X-rays were taken and the results were negative for any fractures. Our client was prescribed medication for his pain and instructed to seek follow-up care for his injuries.
Apartment complex negligence victim seeks legal representation
Initially, our client decided he would not seek follow-up care and instead, would wait a few days to see if the pain subsided. Three days later, our client noticed that not only had the pain not gone away, it had gotten worse. It was at that point that our client decided that he may need representation and called the Law Office of Dell and Schaefer. Our attorneys reviewed our client’s hospital records and considered his complaints of pain. It became clear to our attorneys that our client would require the medical attention of an orthopedic doctor.
32 year-old negligence victim seeks orthopedic care
Our client was quickly able to get an appointment with a board certified orthopedic surgeon. Upon a physical examination and a review of our client’s hospital records, the orthopedist was of the opinion that our client would need an MRI of his back in order to provide a better picture of his injuries. Our client was quickly scheduled for an MRI of his neck (Cervical spine) and his lower back (Lumbar spine). The MRI revealed that our client suffered a herniated disk of his lumbar spine at L5/S1, which is located at the bottom of the spine.
Apartment complex negligence victim is recommended for surgery
Based upon the findings of the MRI, the orthopedic surgeon recommended that our client receive a fusion of the lumbar spine. A fusion is a procedure whereby two or more vertebrae are surgically fused together in an effort to alleviate the pain caused by abnormal movement of the vertebrae. The immobilization of these vertebrae may reduce or eliminate the painful symptoms caused by a disk herniation. After being informed of all potential issues and ramifications of a spinal fusion, our client decided that he was not ready for such a procedure and decided he would attempt to alleviate his problems with conservative care.
Attorneys Dell and Schaefer make claim against negligent apartment complex
The negligent apartment complex was placed on notice of the existence of our client’s claim and injuries within three days of his fall. Initially, the manager of the apartment complex denied that our client fell on the premises and refused to report the claim to their insurance company. Eventually, after being informed that we would immediately file a lawsuit if the claim was not reported to the insurance company, the apartment complex notified their insurance company of the incident. In similar fashion, the insurance company immediately denied the claim, arguing that our client had not been injured on the premises. After being shown Delray Beach fire rescue’s reports, which proved our client was retrieved by fire rescue from the premises, the insurance company reluctantly admitted that our client was injured on the premises but would not admit any negligence. Fed up with the underhanded tactics of the insurance company, our attorneys prepared to file a lawsuit against the apartment complex.
Attorneys Dell and Schaefer settle the claim against Delray Beach apartment complex
Our attorneys were fully prepared to file a lawsuit against the negligent apartment complex. We had several photos of the missing handrail and banister and also had page after page of medical records documenting our client’s serious injuries. We gave the insurance company for the apartment complex one final chance to settle the case before placing it into litigation. After a few days of negotiation, we were able to achieve a settlement which enabled our client to have all of his medical bills paid and also receive compensation for his injuries. He was able to walk away from the claim with enough settlement money that he would be able to afford to fund his own surgery should he decide that he wished to go forward with one in the future.