Medical device company wrongfully repossesses a walker resulting in injuries to our client and a $300,000 settlement

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Our Client Suffers A Car Accident And Requires A Walker

Our client, a mid twenties man from Port St. Lucie, Florida, was exercising reasonable care while driving his car. Suddenly and without warning another driver negligently struck our client causing serious injuries to our client’s knee. After hiring our firm for the automobile accident, our firm recovered the policy limits from the insurance company for our client. We thought that was the end of our client’s legal troubles. However, after the automobile accident case closed our client purchased a walker from a medical device store to help him walk around since walking without a walker was difficult for him post accident. Approximately a week after our client purchased the walker, the medical device company sent a representative over to our client’s house to repossess the walker. The medical device company mistakenly believed that our client had rented the walker and never returned it. When our client answered the door the representative stated he was there to retake possession of the walker. Our client showed the representative a copy of his receipt showing he had purchased the walker. The representative disregarded the receipt and reasserted his claim of ownership to the walker. He reached through our client’s front door and grabbed the walker out of our client’s hands causing our client to immediately fall on the floor. The representative then fled the scene with the walker leaving our client helpless on the floor.

Our Client Suffers An Exacerbation To His Prior Knee Injury

Our client immediately called our firm to report the incident to us. The case was assigned to Daniel Villalobos, Esq. a very aggressive personal injury attorney at our firm. Mr. Villalobos called the medical device company and immediately demanded the return of the walker. The medical device company manager picked up the phone, apologized for the mix-up, and sent the walker back to our client’s house. As a result of the fall, our client reinjured his knee as well as injuries to his neck, back, and shoulder. Our client underwent three surgeries to repair the damage caused by the fall.

Dell & Schaefer Negotiate A Settlement

After our client underwent the surgeries, Mr. Villalobos filed a bodily injury demand against the insurance company for the medical device company. Our firm sought monetary compensation for bodily injury, exacerbation of a preexisting condition, disability, disfigurement, pain and suffering, loss of consortium, mental anguish, past and future medical expenses, lost wages, and impairment of ability to earn future wages. The insurance company tried to play hardball by offering only $75,000. It was obvious at that point that Mr. Villalobos needed to get more aggressive in the negotiation proceedings. Mr. Villalobos then responded with a bad faith claim alleging gross negligence for improperly repossessing an item for which they knew they did not own. This tactic by Mr. Villalobos opened up the door for a potential punitive damages award by a jury should they feel that the actions of the employees of the medical device company were grossly negligent. The insurance company knew immediately they were backed into a corner and they settled the case with our firm for $300,000. Our client was absolutely thrilled that our firm could get him a life changing recovery resulting from an improper repossession. Our client told us that we are his attorneys for life and he will recommend us to anyone he knows who needs legal advice.

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