Suffolk County Personal Injury Attorney Announces Settlement on Slip and Fall in a West Babylon Supermarket April 16, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: grocery store case, New York Personal Injury Lawyer, Suffolk County personal injury attorney, Supermarket Case, supermarket lawsuit
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A Suffolk County woman went shopping at her local supermarket in West Babylon. She slipped on a large pool of water that led to back, neck and shoulder injuries. She asked me to represent her in an effort to collect compensation for her injuries. The woman retained us to represent her in an effort to collect compensation from the store for its negligence in causing her injuries. We conducted an investigation of the incident and prepared a Case Assessment for our client. We then made a Settlement Proposal to the defense. This past week, we negotiated a settlement that provides good value to our client and will put money in her hands as soon as possible. The settlement made for a very happy client.
The Facts of the Slip and Fall Case in a Suffolk County Supermarket
We handle many supermarket cases and have settled everyone in the past three years. In this case, the woman, who works as a preschool educator, went shopping at her local grocery store.
As she passed the Produce Department on her right, she slipped on a large puddle of clear water. She slipped and fell forward onto her right knee and right hand. The manager came to where she fell and brought her a chair. The manager told my client that the water was caused from a leak in the Produce Department. The manager gave her an ice pack.
When the woman felt able, she left the store and drove home. The next day she saw her personal doctor who referred her for an MRI and subsequent follow up visits an orthopedist, a spinal specialist and a rehabilitation specialist as well as physical therapy.
Rapid Settlements in Supermarket Slip and Fall Cases
In our experience, many supermarket slip and fall cases result from people slipping on puddles formed by leaks from freezers, refrigerator units and sprinkler systems. Produce areas are the frequent locations of many supermarket cases.
When a client is hurt due to the negligence of a grocery store, the client deserves compensation. We work with clients to move their cases as fast as possible and to maximize the money they obtain. While past results do not guarantee future outcomes, we have settled very supermarket cases that we’ve accepted in the past three years. The ability to settle early depends on the thoroughness of the case preparation, the diligence devoted to our Settlement Proposals, our experience in supermarket cases and our willingness to take these cases to trial. The willingness to take a case to trial makes a settlement more likely.
Settling Quickly and for Good Value
In this case, it took a while for my client’s medical prognosis to become clear. Once her condition stabilized and we understood the full extent of her injuries, we made a Settlement Proposal to the insurance company for the supermarket. The Settlement Proposal provides an analysis of liability and damages as well as our demand to settle the case. We also attach all of the client’s medical records and other evidence so that defense has all the material they need to assess a case and make a settlement offer. Our Settlement Proposal demonstrates the thoroughness of our investigation, medical review and legal analysis, which adds leverage to our settlement demand. After some back and forth negotiating on this case, we were able to reach a settlement that provided good value for our client and gave her money as soon as possible.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall at a supermarket or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
Suffolk County Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
New York Personal Injury Lawyer Announces a $165,000 Settlement for a Trip and Fall at a Brooklyn Drug Store March 30, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: Brooklyn personal injury lawyer, New York Personal Injury Lawyer, New York Settlements, Trip and Fall, trip and fall settlement, trip in a drug store
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An artist and his wife entered a Greenpoint drug store to do some shopping when he tripped over an abandoned blue storage bin and injured his quadriceps tendon, an injury that required surgery at a Manhattan hospital. Upset by the injury and the negligence of the drug store management, the man asked us to represent him in an effort to collect compensation for his injury. This week, we conducted a mediation with the drug store risk management department and reached a settlement for $165,000, a very good number for a trip and fall case in New York city.
The Facts of this Brooklyn Trip and Fall Case
My client is an abstract painter who lives and works in Greenpoint, Brooklyn (a neighborhood I know well since my family lived there for three years in the early 1990’s). The artist and his wife went shopping at a drug store on Manhattan Avenue. My client walked along one of the middle aisles looking at the shelves for some merchandise. As he reached the end of the aisle and began to turn left at the end of the aisle (the “cap”), his right foot struck a blue plastic merchandise box that an employee had left at the end of the aisle. My client fell hard to the floor on his right side, his right knee hitting the floor. He heard a “pop” and felt an overwhelming pain.
An MRI revealed that the man had suffered a complete rupture of the quadriceps tendon. He underwent surgery to repair his leg at a Manhattan hospital. Following surgery, the man could not put any weight on his leg for five weeks. He then began using a cane and leg brace and underwent more than six months of physical therapy as he worked his way back towards full strength.
The Challenge of Proving Liability in a Trip and Fall Case
Trip and fall cases can be hard to prove because jurors tend to blame the victim. It is a simple question that jurors ask: “Why didn’t you watch where you were going?” We did a study of trip and fall trials in New York City (these do not include our cases) and found that a growing percentage end in defendant’s verdicts, meaning that the jury found the defendant bore no liability for the plaintiff’s injuries and therefore did not have to pay any damages. Insurance companies point to this bias by jurors as a reason to limit settlement offers.
At our firm, we hear from many people with trip and fall incidents and we offer our best assessment of cases to them. We only take cases where there is evidence that the defendant’s negligence caused our clients to trip and fall. Our job is to overcome the juror’s bias and the efforts of insurance companies to limit settlement efforts so we can maximize compensation for our clients. We work hard to hold the defendant’s liable for their negligence through thorough investigations, detailed analysis, the use of experts, exhaustive case law research and dynamic presentations.
In this case, our client tripped over a blue storage box left in the aisle by a worker. At the mediation, the defendant argued that our client was responsible for the fall because he failed to see and avoid this blue plastic bin. We countered this assertion with evidence, testimony, reason and case law research. We had testimony from the store manager who admitted that company policy required that no blue bins should be left in the aisle unattended because they present a hazard. We had photos of blue bins left in the aisle indiscriminately. We had testimony from our client and his wife that the bin was at the end of the aisle and out of sight as he walked along the aisle. We had testimony from our client that he was doing exactly what the store wanted: he was looking at the merchandise on the shelves and not expecting a blue bin to be left in the aisle to trip him up.
Negotiating a Trip and Fall Settlement at a Mediation
Mediations are non-binding meetings where plaintiffs and defendants meet in an attempt to resolve a claim. Some mediations involve an independent person who plays the role of a mediator who works to get both sides to reach a settlement. Sometimes, as in this case, there is no mediator, just an opportunity for the two sides to get into a room together to try to work out their differences. Mediations are different than arbitrations in that they are non-binding.
The defense started this mediation by claiming that they stood a good chance of winning a defendant’s verdict. They offered only $75,000 to settle the case and vowed to hold firm at that number. After seeing the strength of the case we had developed, they steadily increased their offer. I listened to their reasoning and countered with hard evidence and the results of our investigation and research. The thoroughness of our preparation and the clarity of our arguments led the defendant to raise their offer until we reach the number we wanted, $165,000.
Mediations can be very helpful ways to settle cases though they favor the experienced and skilled lawyer. Having worked many mediations, I have come to understand that success for my clients depends upon more than the willingness of both partners. Success for the personal injury plaintiff depends upon the attorney’s preparation for the mediation, experience with mediations and the honing of the attorney’s negotiating skills.
I hope you found this information helpful. If you or a loved one has been hurt in a trip and fall incident, you may be able to pursue compensation for your injury. You may want to consult a New York personal injury attorney experienced with trip and call cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
www.NYLawThoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
New York Personal Injury Lawyer Announces Settlement for a Slip and Fall in a Stop and Shop Supermarket March 27, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: Fall in a supermarket, New York Personal Injury Lawyer, personal injury settlement, Slip and Fall, Stop & Shop slip and fall, Supermarket Case
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A Queens woman slipped and fell at a Stop & Shop in Nassau County and suffered a tear of the rotator cuff in her left shoulder and a soft tissue injury to her neck and low back. The woman asked us to help her get compensation from the store for her injuries. We conducted an investigation, collected and analyzed the woman’s medical records, produced a detailed Case Assessment and then presented a Settlement Proposal to the claims management firm for Stop & Shop. After negotiating with the claims manager, we reached a settlement that provided good value for our client in less than a month after she concluded treatment for her injuries. The best part of the case came from hearing my client scream with joy over the settlement.
The Facts of this Supermarket Slip and Fall Case
The woman, who lived in Far Rockaway, went grocery shopping at a Nassau County Stop & Shop supermarket. As the woman walked along the freezer aisle, she slipped and fell on a puddle of water. The water came from a leak in the freezer.
Our client lay on the floor in pain particularly in her right knee, left shoulder and left hand. Her friend helped the woman up. The store manager brought her a chair and some water and repeatedly apologized for the puddle. Our client opted not to go directly to the hospital, but by the next morning she experienced such pain that she went to the emergency room where she began what turned into months of treatment.
Proving Negligence in a Supermarket Slip and Fall Case
We handle many supermarket slip and fall cases from throughout the Long Island and the New York metropolitan area. There are a couple of key issues to address in proving negligence in a supermarket slip and fall case:
- Do you know what caused you to fall? This issue may seem obvious, but we hear from people who fell and do not know what caused the fall. To pursue compensation, you need to know what caused you to fall. It might have been a puddle or spilled produce or cartons strewn in an aisle, but you need to be able to say definitively what caused your fall.
- Did the store create the hazard? If the store created the hazard, the store is responsible for the hazard it created. For example, if a puddle forms from a leak from a freezer or refrigerator unit or a sprayer in the produce area, then the store created that hazard. If a grocery store fails to keep the produce area clean and allows fruit and vegetables to lie on the floor, then the store created the hazard. If an employee leaves cartons unattended and strewn about an aisle, then the store created the hazard.
- Did the store know about the hazard or should they have known? If the store did not create the hazard, then it needs to know about the hazard in advance to be held liable for an injury caused by that hazard. In legal terms, the store needs to have actual or constructive notice of the hazard. Let me use some examples to illustrate this point. If a customer knocks over a display that creates a puddle and someone tells the store management about the puddle, then the store has actual notice. If a customer knocks over a display that creates a puddle in the main aisle and the puddle sits there for a long time (say ten minutes or more), then the store has constructive notice because the store should have noticed. If a customer drops a drink and you immediately slip and fall, then the store has no notice of the hazard. If the store has actual or constructive notice, the store has an opportunity to remove the hazard or warn customers to avoid the hazard. The store can be held liable if it had actual or constructive notice of a hazard that causes a slip and fall injury.
- Did the store warn about the hazard? If a hazard existed, did the store warn customers about the hazard? If an employee mops the floor and creates a hazard with a wet floor, did the store put up a reasonable warning about the wet floor (e.g., putting up yellow warning signs)? In a current case, an employee at a supermarket spilled some olive oil and my client slipped on the olive oil. Had the employee cleaned up the spill or warned customers to avoid the spill, there would not be a problem. The store bears liability because it created the hazard, failed to clean it up and failed to warn customers of the problem.
If you slip and fall in a supermarket and you know what caused your fall, you might have grounds to prove negligence. You will then need to prove that the store either created the hazard that caused you to fall or had notice about the hazard and failed to clean it up or warn customers. We can help by conducting a rigorous investigation that may involve taking photos, producing diagrams, and finding and interviewing witnesses. Our experience and knowledge with supermarket cases allows us to develop cases designed to maximize compensation for our clients.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall at a supermarket or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
www.NYLawThoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Slip and Fall Cases: When You Do Not Have a Case March 15, 2012
Posted by Carol L. Schlitt in Consumer News, Slip and Fall.Tags: New York Personal Injury Lawyer, Slip and Fall, Supermarket Case, negligence case, negligence cases
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We handle many slip and fall cases, particularly slip and fall cases that occur in supermarkets and other stores. I have written about many of these cases in an effort to educate people about successful slip and fall cases. This morning, we received a call from a woman who slipped and fell in a store and wanted to know if she had a case. After speaking with her, it occurred to me that it might be worthwhile writing an article about what is not a case.
The Fact Pattern of a Slip and Fall that Is Not a Negligence Case
A woman called today to ask about a slip and fall she suffered. She was in a big box store on Monday, March 12 when she slipped and fell. This morning (Thursday), she felt some pain in her legs and wanted to know if she could sue the store.
I asked first about her health and she said she had some soreness in her leg and was having some difficulty walking. When I asked about the medical care she had received, she revealed that she had not seen a doctor yet. I urged her to see a doctor as soon as possible to receive the treatment that she needed for her leg.
When I asked what caused her to slip and fall, she said, “I’m not sure, some water was there.” I asked if she had spoken to the store manager or any store employees. She said, “No.”
We were confronted with the following facts:
- The woman was not sure what had caused her to fall.
- The woman had not reported the incident to the store management or personnel.
- Four days later, the woman had still not received any health care treatment.
Based on that information, I told the woman that she did not appear to have grounds to pursue a negligence case.
Conditions Needed to Support a Slip and Fall Case in a Supermarket or Store
Let’s look a little closer at the facts of this incident to see what creates grounds for a negligence case. Keep in mind that all negligence cases require a person to show that someone else’s negligence led to an incident that caused injuries and damage to an individual.
1. You need to know the cause of the slip and fall: To pursue a slip and fall negligence case, you need to know what caused the slip and fall. Many of my clients have slipped and fallen on puddles of water or spilled liquids. To win a case, we need to show that the store caused the dangerous situation, could have prevented it or could have warned customers about it.
If you do not know what caused you to slip and fall, then you cannot to prove negligence.
2. You need to notify the store manager or store personnel about the incident: It is best if immediately after an incident, you notify store employees. I have handled cases where my client was still on the ground when the manager came. It is important to tell the store personnel so they can record that the incident happened and see the circumstances. Often times, store personnel will apologize, offer to help and explain the source of the puddle or other problem. Store employees can also offer assistance and call for an ambulance or other medical help.
If you do not notify store personnel immediately, then you should return as soon as possible after the incident to speak with the store manager. The caller today had allowed four days to pass without notifying store personnel and that is too long a time unless there are exceptional circumstances.
In investigating a claim, an insurance company will first ask to see the incident report. If there is no incident report, the insurance company will assume that the incident did not happen. We can overcome the lack of an incident report, but it makes settlement talks and a trial that much more difficult.
3. You need to receive immediate medical attention: In the strongest cases, clients go from the store to the hospital in an ambulance, but that is not necessary. Some people drive to the hospital or a doctor’s office. Some go home and then go to the doctor later that day or the next day. There are two issues here. First, above all else, it is important to get the medical treatment that you need. Second, to build a case, you need to document medical treatment and a connection between the slip and fall incident and that medical treatment.
In this case, the woman had gone four days without contacting a doctor and was calling a lawyer first. It is always more important to contact your doctor first.
We successfully earn compensation for many people who have suffered injuries in slip and falls in supermarkets and other stores. We work hard to earn our clients the most compensation possible, but we can only do so when evidence of a case exists. The three key elements of a successful case are:
- Knowing what caused the slip and fall
- Timely notice to the store personnel
- Medical treatment as soon after the incident as possible
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
The Law Can Only Help So Much: A Family Dispute in a Slip and Fall Case March 11, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: New York Personal Injury Lawyer, Slip and Fall, Statute of Limitations
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Every day, we receive emails from people looking for help with legal questions. We received one today about a 20-year-old family dispute. I can offer a clear legal answer, but it shows the limits of the law because the legal answer will not solve this family problem.
Question about a Negligence Case
My sister sent me an e-mail demanding that I pay her current dental expenses (over $20,000) for an injury she incurred after an altercation we had over twenty years ago. She has had dental work over the years, but this is the first time she has approached me about the incident in over twenty years. She claims I intended to harm her. I did push her away from me, but she was going to hit me. She slipped on the ice and her top front teeth broke when she hit the side of a car. Can she still sue me and what is my current level of liability?
Answer to the Question about Liability for a Slip and Fall
Before we get into questions of who bears liability for her injury and whether the dental work now is directly related to the incident from 20 years ago, I can tell you that she has no grounds to file a law suit because the incident lies outside the statute of limitations for an assault case. In New York, if you believe that you have grounds for a civil suit due to an assault, you must file the summons and complaint within one year of the incident. Since your sister did not do so, you cannot be held liable for the incident 20 years ago. You can read more about New York’s statute of limitations here.
Limits of the Law in Personal Injury Cases
I feel bad for this man given the ongoing dispute with his sister. The law in this case is clear; the writer is not legally liable for his sister’s damaged teeth. Based on his description, who knows who was responsible for the incident all those years ago? Unfortunately, I do not expect that the answer about the law will settle this dispute. This brief email suggests there is a rift between siblings that the law cannot heal.
The law can only do so much. It can guide us and settle disputes, but it cannot change relationships and cannot make people get along. The law cannot change feelings or dictate attitudes. With questions of a lawsuit out of the way, I can only hope that this family finds a path towards reconciliation.
I welcome your comments and opinions.
If you or a loved one has been hurt due to the negligence of another person or company, you may want to consult a New York personal injury attorney experienced with negligence cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Settlement for a Slip and Fall in a Long Island Supermarket March 6, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: Fall in a supermarket, New York Personal Injury Lawyer, Slip and Fall, supermarket lawsuit
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Last August, a Huntington woman went to her local Pathmark supermarket with her eight year old son to buy some groceries. As she rounded an aisle between the ice cream and the vegetables, she slipped on a large puddle and injured her leg. She asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the claims manager for the supermarket, we reached a settlement. The settlement clearly pleased my client, who sent me a note reading, “Thanks to you we got more!! I will recommend you to everyone I know you are such a dream and so efficient, thank you again.”
The Facts of the Slip and Fall Case in the Supermarket
In this case, the woman, who works as a school nurse, went shopping with her young son. They went to their neighborhood supermarket in Dix Hills. As the woman turned down an aisle near the ice cream, she slipped on a large puddle. Her right leg twisted underneath the shopping cart and her whole body twisted to the right when she held onto the cart to try to stop herself from falling to the ground. A store employee admitted that the puddle had come from a leak in the freezer. The incident left her with a back and leg injury and scar on her leg.
Compensation in Supermarket Slip and Fall Cases
We handle many supermarket slip and fall cases and many result from people slipping on puddles formed by leaks from freezers, refrigerator units and sprinkler systems. The solution seems simple: supermarkets need to invest the time and money to maintain and monitor their water systems. That upfront investment would eliminate the injuries suffered by their customers and save the stores money by avoiding negligence claims and lawsuits.
When a client is hurt due to the negligence of a supermarket, the client deserves compensation. More importantly, the effort to collect compensation helps everyone. If the stores did not have to pay out for the injuries they cause due to their own negligence, imagine how many injuries we would have. Only by holding the supermarkets responsible for their negligence can we force them to improve safety for customers.
Settling Quickly and for Good Value
In this case, it took a while for my client’s medical prognosis to become clear. Once her condition stabilized and we understood the full extent of her injuries, we made a Settlement Proposal to the insurance company for the supermarket.
Early in my career, a settlement demand took the form of a brief letter with a dollar amount. Now we prepare extensively researched and developed Settlement Proposals. They include our analysis of liability and damages, including a medical review of our client’s injuries and a presentation of case law in similar cases. We also attach all the supporting medical records and other evidence to support our case. By presenting all this information to the insurance company in one package, we make it easier for them to assess the case and make a settlement offer. Our Settlement Proposal also demonstrates the thoroughness of our investigation and strength of our case, which adds to our negotiating leverage.
Our Settlement Proposals enable us to settle cases rapidly. In this slip and fall case, once we sent out our Settlement Proposal, we were able to settle the case in one month.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall at a supermarket or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Brooklyn Slip and Fall Case Settles on the Eve of Trial February 29, 2012
Posted by Carol L. Schlitt in Slip and Fall, Stairway Accidents.Tags: Brooklyn slip and fall, New York Personal Injury Lawyer, Slip and Fall, Stairway Accident
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On a warm September morning, a Brooklyn mother went to work as a home health aide. At one point, she left her client’s apartment to go to the pharmacy. She slipped on a gooey substance and injured her knee. She retained a Bronx law firm – Krieger and Wilansky – to represent her. They brought us in to try the case. On the eve of trial, the client asked us to settle the case and we did much to her pleasure.
A Slip and Fall in a Brooklyn Stairway
The woman in this case lived in Starrett City and worked with an elderly client who lived in a nearby building. On the morning of the incident, the woman was working as a home health aide when she needed to leave to take her client’s prescription to the pharmacy. She pressed the elevator button but, after several minutes, the elevator did not arrive. With the elevators not working, the woman began walking the flights down to the lobby.
The woman walked from the 11th to the 10th floor landing without incident. She wasn’t carrying anything in her hands – her purse was over her shoulder. She held onto the handrail. When she attempted to take the first step on the next flight of stairs, her foot slipped on a “gooey” substance and she fell down the entire flight to the 9th floor landing on her back and buttocks. Her left knee twisted during the fall.
She got up and proceeded down to the lobby. When she got to the lobby, she told the building personnel that she had fallen on the stairs. She was told that another woman had also fallen and they urged her to be evaluated by ambulance personnel. My client waited for the ambulance and was treated by the attendants but she refused hospital treatment. She knew that her elderly client was depending on her so she went to the pharmacy and then returned to her client’s apartment.
The Injury in this Slip and Fall Case
When the pain in her left knee did not subside, she went to her medical doctor. He prescribed pain medication, anti-inflammatories and physical therapy. When she still had complaints of left knee pain, her doctor referred the woman for an MRI of her left knee. The MRI revealed a tear of the posterior horn of the medial meniscus. An orthopedic surgeon reviewed the MRI and then performed arthroscopic surgery at Brookdale Hospital.
Why Settle a Case on the Eve of Trial?
In all cases, we strive to move the case as quickly as possible and to maximize the compensation that a client receives. Therefore, I pursue two paths: seeking a settlement and preparing for trial. The more aggressive and thorough we are in our trial preparation, the more leverage we have in settlement talks.
In our direct cases, we prefer to see if we can settle cases before filing suit. If not, we file suit and begin the move towards trial. Cases can settle at any time in the process. Some defendants wait until the eve of trial to even enter into settlement talks and that’s what happened in this case.
At heart, I am a trial attorney. I love trials. I find that when people see me arrive for a trial, fully prepped and ready to go, that they are more likely to settle. In this case, the defendant suddenly expressed an interest in settling. The client also decided that she preferred to avoid the stress of a trial – she strongly preferred not to testify – so I negotiated the best settlement possible for her.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Making Mediation Work: A $350,000 Settlement in the Mediation of a Bronx Trip and Fall Case February 3, 2012
Posted by Carol L. Schlitt in Slip and Fall, Trip and Fall.Tags: Bronx slip and fall, New York Personal Injury Lawyer, personal injury mediation, personal injury settlement, slip and fall settlement, Stairway Accident
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In working to resolve cases in my client’s favor, I will sometimes engage in a formal mediation process. In this particular case, mediation led to a $350,000 settlement. Let me share some information about the case and the mediation process.
The Facts of a this Bronx Stairway Injury Case
A Bronx Home Health Aide arose to go to work one morning. As she walked down the stairs in her apartment building, she slipped, tripped and fell on some construction debris left on the stairs. The incident left the woman with a broken ankle that required surgery. The woman asked me to represent her in an effort to collect compensation for her injuries. We investigated the incident and built upon a strong case. We presented a Settlement Proposal to the defendant and participated in a mediation. After the mediation, we settled the case for $350,000. The settlement enabled the woman to relocate her family to Florida.
Proving Negligence in a Slip and Fall Case in the Bronx
To prove negligence, we needed to show that the landlord either caused the condition that injured my client or show that the landlord had prior knowledge of the condition and an opportunity to either remove the hazard or warn tenants of the problem. In this case, we traced the debris on the stairway to construction conducted by the landlord in the building. Our interviews with our client and other tenants also found that many tenants had complained about the debris. And we found tenants with photos of the debris and one woman who had taken a video of the aftermath from my client’s fall. This evidence helped us build a strong case to prove that the landlord defendant had both created the hazardous condition and had extensive warning about the hazard.
Settling a Case through Mediation
In my practice, after I complete my investigation, I present a Fact Sheet to my clients to review the fact pattern in a case. After my client’s medical condition stabilizes and I collect all the medical records, I prepare a detailed Case Assessment that examines liability and damages and determines the current value of the case. I review that document with my client and with their approval, I present a Settlement Proposal to the defense. Many attorneys simply submit a number as a settlement proposal, but I present a full package including a summary of the facts of the case, an analysis of liability and damages and all the supporting evidence. Doing so provides the defense with the information they need to assess the case and frames the case in the best light for my client. This approach yields a high rate of early settlements for my clients.
In some cases, defendants prefer to take a case to mediation or arbitration. This can be particularly true in higher value cases. I usually try to resolve the case before waiting for a mediation or arbitration, but many adjusters like the cover that mediation affords them. If questioned by a superior about a large settlement, they can say, “That’s what the mediator suggested” or “That’s what the arbitrator determined.”
A mediation and arbitration operate the same except an arbitration is binding and a mediation is not. The keys to success lie in preparing well, preparing as if preparing for a full trial, and selecting the right mediator. It is important to know the mediators and arbitrators to make sure that you can avoid picking one who tends to favor defendants. My experience and contacts in the field enable me to know many of the leading mediators.
A mediation usually begins with each side presenting the basic outline of their case. There are no witnesses; often the defendant and plaintiff are not present. The mediator will meet with each side individually and then try to mediate the case either by bringing the two parties together for joint conversation or shuttling back and forth between both parties.
In this case, my client did not attend the mediation, but we had carefully reviewed the case and my assessment in advance and had an agreed upon value of the case. I was able to negotiate an offer that exceeded my client’s expectations which made accepting the offer easy to do.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Settlement for a Slip and Fall in a Bronx Stairway January 23, 2012
Posted by Carol L. Schlitt in Slip and Fall, Stairway Accidents.Tags: New York Personal Injury Lawyer, personal injury settlement, Slip and Fall, Stairway Accident
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In late June 2011, a mother went to pick her daughter up from a charter school in the Bronx. While walking down an interior stairway, she slipped on a small puddle of water, fell down several steps and injured her ankle. A trip to the emergency room at Lincoln Hospital revealed she suffered a fractured ankle (lateral malleolus). The woman asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the insurance company for the charter school, we reached a settlement. In just over four months from the date the woman retained me, we settled her case, making for a very pleased client.
A Slip and Fall in a Bronx Stairway
In this case, the woman had left work to pick her daughter up at school. It has been raining much of the day and the woman dressed for the weather and brought an umbrella. She walked down a long hallway in the school and then went up a stairway to her daughter’s classroom. After speaking with her daughter’s teacher, the woman began walking back down the stairs.
She held onto the hand rail with her left hand and carried a small plastic bag in her right hand that held her umbrella. As she reached the second step, her foot slipped on some water and her feet went out from under her. She fell backwards and went down the remaining flight of stairs. Her right leg bent underneath her and she heard a “pop.”
The woman lay in pain at the foot of the stairs. She tried to get up, but felt too much pain in her right leg. A school official came to her aid and called an ambulance. The ambulance took the woman to Lincoln Hospital.
Proving Liability in a Stairway Slip and Fall Case
The challenge in this case was to prove that the school was negligent in allowing the water to gather on the interior stairway and not cleaning it up or warning people about the hazard. In this case, we had the statements of our client and her daughter. We had photographs and diagrams of the incident as well as an ambulance report, all of which we used to support our case. The insurance company for the charter school argued that the school could not prevent water from coming inside on a rainy day, but we showed how this was not an exterior stairway, but a stairway well inside the building.
With this evidence and the way we built our arguments, we were able to present a convincing case to the defendant.
Settling a Slip and Fall Case Quickly and for Good Value
After investigating the case and after my client’s health status stabilized, I prepared an assessment of the case. I reviewed the case assessment with my client and then presented a Settlement Proposal to the defendant’s insurance company. I do all I can to move my clients’ cases as quickly as possible. Once I presented the Settlement Proposal to the insurance company, we entered into negotiations. The adjuster posed certain challenges and requested some additional information. I responded as quickly as possible and demonstrated both the thoroughness and strength of our case. We were able to settle the case for good value at an amount that pleased my client and we did so in less than just over four months from the day my client retained my services.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
