Young woman collects $160,000 after door falls on her leg

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Our Client Is Injured While Opening A Door To Landscaping Vehicle

Our client, a twenty year old female, had just arrived to the site of a construction job. She had brought breakfast for some relative employees who were about to begin working. She went to open up the back door to serve the breakfast to the employees when the door suddenly and without warning broke off and fell on top of her leg fracturing her femur. Our client was rushed to the hospital where she was diagnosed with a compact fracture in her leg. Not having any health insurance, she called the Port St. Lucie Accident and Injury Attorneys Dell & Schaefer. Our firm quickly took the case and assigned the case to our Spanish speaking attorney Daniel Villalobos, Esq.

Client Undergoes Surgery

Our client was forced to undergo emergency surgery to repair the damage to her femur. After the procedure she spent months in her house recuperating with the help and assistance of her wonderful and supportive family.

Dell & Schaefer Negotiate A Settlement

Immediately after the medical records arrived, our firm filed a bodily injury demand against the insurance company for the landscaping company. Our firm sought monetary damages for bodily injury, aggravation of a preexisting injury, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages. After filing the claim our firm received a denial letter stating that their insured was unaware that our client was on the premises and therefore had no duty to warn of or correct any dangerous conditions. Unwavering in our resolve to get our client the maximum settlement she was entitled to under the law, our firm fired back that liability was not determined by whether or not their client knew that our client was on the premises, but rather whether he should have known that the area for which the landscaping vehicle was parked would be frequented by pedestrians. We argued that since it was parked in a public place that it was foreseeable that our client, who was related to other employees working at the landscaping company, would have entered the premises to visit one of her relatives. Since this was foreseeable, we argued that the owner of the landscaping company owed our client a duty of care to warn of and correct the broken door. We concluded that his failure to do so was the proximate cause of our client’s injuries and liability rested solely with their insured. We demanded they settle the claim for $200,000. Our argument must have spooked the insurance company, because one week after our final demand, the insurance company settled the case with our client for $160,000. Our client was absolutely thrilled that our firm went the extra mile to get her the maximum recovery.

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