A condo association and maintenance company have lost a slip and fall claim filed by a former dental assistant and have been ordered to pay the plaintiff over $1 million dollars.
Leak In Utility Room Causes Permanent Back Injuries
In September 2014, the plaintiff, a now 55-year-old woman, was working as a dental assistant. Her employer’s office was located in a 12 office condominium owned by Warren Medical Center Condo Association and maintained by Arthur Edwards Inc. While leaving her employer’s office, she passed by a utility closet which, unknown to her, had leaking pipes. Her foot hit the water pooling on the floor and she fell, slamming into the floor.
Her fall caused severe back injuries and she has since had to undergo several surgeries. Her pain is constant and she is unable to sit for more than a short period of time. She also can barley twist or bend. The injuries have prevented her from returning to work.
She filed a civil lawsuit against the property owner and the company in charge of maintaining it, alleging that both parties were responsible for ensuring that the building was safe and free of slip and fall hazards.
The defendants and plaintiff could not reach a settlement and the case went to trial. After an eight-day trial, the jury determined that the defendants were at fault and they awarded the plaintiff $1.24 million for her injuries.
Slip & Fall Lawsuits: Why Should A Victim Fight For Compensation?
When you’ve been seriously injured in a slip and fall accident, you might be under the impression that your health insurance will be enough to take care of any expenses. Unfortunately, even the top health insurance policies require that patients pay out of pocket expenses.
In addition to this, if the injuries prevent you from returning to work, health insurance will do nothing to compensate you for the wages that you will lose as a result.
A civil lawsuit, filed against those responsible, can provide full compensation for lost wages, medical bills, emotional trauma, and physical pain and suffering. This compensation does vary in each case because the amount recovered is intended to cover the actual losses for the specific plaintiffs in that case.
What Are The Steps In A Slip & Fall Lawsuit?
The legal process may seem overwhelming but it can be broken down into several steps:
Plaintiff Chooses An Attorney
When you or a loved one make the choice to take legal action, the first step that needs to be taken is to choose an attorney. This decision is the most important that you will make and shouldn’t be rushed.
The lawyer you decide to work with should have extensive experience in slip and fall law. Think about it this way – would you ask a cardiac surgeon to treat your cancer? Or would you prefer to work with an oncologist? The same logic applies to the law – not all law is the same and the attorney you pick should be able to show examples of past cases that are similar to your own.
Pleadings Are Filed
Once you choose your legal team, the pleadings will be filed in court. This is essentially the paperwork that states your reasoning for filing a lawsuit and who you are suing. The defendants will be notified of the legal complaint and will be given a chance to provide a written answer.
Evidence Is Collected During The Discovery Phase
The discovery phase ist the longest part of the legal process. During this phase, your legal team will build your case off of the evidence that is collected. Expert witnesses may be contacted so that they can be prepared if the case goes to trial.
During this time, you and your lawyer may enter into negotiations with the defendants so that an attempt can be made to settle the lawsuit out of court. While the majority of all lawsuits end with a settlement, the reality is that sometimes negotiations fail and the case proceeds to trial.
If a settlement isn’t negotiated, the trial will begin. Both sides will present their case and the jury/judge will determine the outcome of the case.
At Philly Slip & Fall Guys, our lawyers guide our clients through each step of the legal process. We focus on making sure that you and your loved ones feel completely comfortable every step of the way.
How Do I Know Who Was At Fault For My Accident?
In many slip and fall cases, there is more than one defendant who is considered at fault but the negligent parties may not always be obvious. The best way to discover all negligent parties is to have an attorney review your case.
The lawyers at Philly Slip & Fall Guys offer free consultations to those who have been seriously injured in a slip and fall accident. During this consultation, we will review your case and provide you with a complete list of your legal options. Call our law office now to learn more.