SLIP AND FALL IN RELATIVES HOME RESULTING IN SHOULDER SURGERY AND HERNIA

PRE-LITIGATION OFFER: $65,000    –    SETTLEMENT: $130,000   –    

Jessica B was visiting a relative’s home. The home had hardwood flooring throughout. As she began to descend down the stairs from the upstairs to the main living area she slipped and fell, landing on her back, just above where she’d previously had back surgery. Immediately following the fall, Mrs. B had complaint of back pain, elbow pain and right rib pain and went to the hospital. The following day the relative notified her that the stairs were polished with Pledge to make them shiny.  Pledge is generally used to polish furniture, and is not recommended for floors and stairs. Furthermore, there is a bold warning on the label against doing so.

At the time, Jessica was a 60 year old with no history of problems in the areas where she was injured. Among her injuries she sustained a 90% tear of her rotator cuff and developed a bulge in her abdomen.

As a direct and proximate result of the subject fall, she had significant pain and suffering as a result of the injuries. She was forced to undergo two surgeries as a direct result of the fall and undergo over $20k in medical bills. Following the incident, she was unable to do simple household chores and complete simple day to day tasks such as dressing herself and brushing her hair.  Any activity that was necessary for her to lift her arms above her head, she experienced great difficulty.

The insurer in this case low-balled their evaluation of the claim and attempted to pit the relatives against each other. The insurer did so with the hope that Mrs. B wouldn’t be willing to sue a relative. As a result Mrs. B was forced to file suit against her relatives.

PRE-LITIGATION SETTLEMENT OFFER $65,000.

SETTLED $130,000.

Among the dirty tricks an insurance company will employ, pitting friends and relatives against each other to avoid paying a fair amount is high on the list when the injuries were caused by a negligence. In Colorado, there is no direct right of action against an insurance company in these instances. You can’t sue the at-fault party’s insurer. That means, if the insurance doesn’t resolve the claim fairly, the victim is forced to sue the friend of relative in order to get justice. Sometimes the family member or friends refuse to go this step. When they do so – the insurance company wins their evil game. Fortunately, Mrs. B and her relative understood that the lawsuit wasn’t personal and it was the only way to force the insurance company to pay Mrs. B fair compensation for her injuries, damages and losses.

I was extremely proud Mrs. B had the courage to fight and a fair settlement was reached before trial.

I’m happy to discuss your, your loved one or friend’s injury claim. Don’t let the insurance company’s gross tactics dissuade you from pursuing justice! Providing honest answers to injury victim’s questions is something I do every day. Give me a call at 303-300-5060 or email me [email protected].

The consultation is always free.