Miami woman falls into manhole resulting in back surgery, case resolved for $235,000


Our client, a 41 year old woman from Miami, pulled into a parking space at her apartment building. She exited her car and immediately fell waist deep into an open manhole. She was able to pull herself out of the hole but began to feel significant pain in her low back. She went to the emergency room where they gave her pain medications and advised that she see an orthopedic surgeon.

Shortly after the accident, our client began treatment with an orthopedist, who determined that she had suffered herniated discs and would require fusion surgery, which our client had performed. She then had to undergo extensive physical rehabilitation and continues to have pain in her low back.

Our client retained Dell & Schaefer to help her recover for her injuries. The apartment building’s insurance company denied the claim, arguing that the accident was our client’s fault and that her injuries were pre-existing. In order to pursue compensation for our client, a lawsuit was filed, and extensive discovery was undertaken, including numerous depositions.

Ultimately, we were able to establish fault on the apartment building, and through medical testimony of her doctors, we were able to prove that her injuries were related to her fall. As a result we were able to achieve a settlement of $235,000 with the buiding’s insurance company to compensate our client for her injuries.



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