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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.



8 comments

Tuesday, December 10, 2013
Dawna Hopkins:

To whom it my concern,

I would like to know how do I file a complaint etc… I live in the Dallas, TX area.

I live in the Autumn Chase apartmentsin Carrollton, TX and over this weekend I was hurt in the ice I fell and received a concussion because Autumn would not supply their residence any assistance.

Several of the tenants from building 25 and building 26 I know for sure went to the office and not only would they NOT come help us they had bag of the salt to lay down over the ice and several tenants could they just get a bag so we could just lay it down ourselves they said they could not help us in any way. This is the 2nd time that we’ve had ice since I’ve moved in in 2007. We had a ice storm I believe in Feb 2009 and the same thing happened except this time I was injured. How do you live somewhere the and the place you live does offer any safety for their tenants. I need to know the best course of action because I’m not stopping until something is done about this.

Signed Angry Tenant,
Dawna Hopkins
972-693-5214

Wednesday, December 11, 2013
Gregory Dell:

Dawna,

Any attorney can help you to possible pursue a claim against the owner of your apartment or the company responsible for maintaining the property. I have asked a personal injury attorney to call you to discuss some options.

Monday, February 17, 2014
Alexandra Roe:

I recently slipped and fell on ice, that my apartment complex has not even attempted to clear off the sidewalks in weeks. I was also holding my 2 year old son. I bruised my tailbone, and my son sprained his ankle. Due to the fall, I also had to miss work, and had to recruit help in caring for my children.

Tuesday, February 18, 2014
Gregory Dell:

Alexandra:

We are sorry to hear about this dangerous situation. The laws on slipping on ice are different in every state. There may be a cause of action against the property owner for failure to maintain the property. Please contact us privately to discuss.

Tuesday, March 25, 2014
Kim Crossley:

While walking to the dumpster with my granddaughter I tripped in a hole in the parking lot concrete. I now have a fracture in my right hand and multiple contusions. The apt. corporate member said they are not taking responsibility for my injuries but may pay part of my medical bills. I took pictures of all of the holes in the parking lot concrete. I was told I should have been looking where I was going since I have lived there for 5 years. that hole has not been there 5 years. Do I have a case?

y

Wednesday, March 26, 2014
Jason Macri:

Kim,

It sounds like you may have a case as the owner of the parking lot has a duty to maintain it. Please take pictures of the area immediately. Please contact us privately to discuss your trip and fall accident.

Friday, May 2, 2014
Robert Banker:

I was walking down some steps in my apartment complex when I fell down. I have had surgery on my quadesept tendon. This happened February 4, 2014. I have been off from work since, because of therapy for it. I would like to know if you can help me? I have contacted the management in my complex to see if they have med pay. They told me know. So please contact me as soon as possible. Thank you for your time.

Saturday, May 3, 2014
Jason Macri:

Robert,

If the steps were defectively designed, not built according to building code, dirty, or slippery, then you may have a claim. There has to be something wrong with either the steps or the way they were maintained in order for your to have a claim for compensation.

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