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The Kentucky slip and fall attorneys at Hughes & Coleman secured a settlement for over $100,000 for a man who was severely injured when a railing broke while he was on the porch. To maintain the privacy of this client, we will call him “Joe” throughout this article.
For years, Joe went to a doctor he trusted – always on time for his appointments, and happy to be in the same location. Joe had ongoing heart problems, and this doctor had proven to be a good resource for him and his condition. As an older gentleman in his late sixties, Joe was happy to have found a doctor in his hometown who understood him and knew his needs. The convenient location of the doctor’s office made it easy for Joe to make appointments and keep them.
One day, Joe arrived at his doctor’s office a little early, having made one of the first appointments of the day. While waiting for the door to be unlocked, Joe leaned against a rail near the front door, believing it to be solid and sturdy. The rail immediately gave way, and broke, causing Joe to fall approximately two feet to the ground and sustain several severe injuries.
Because Joe was using the handrail for balance, and the platform he was standing on was elevated, Joe sustained extreme injuries to his arm and back. Additionally, his wrist was broken in three places. He also broke a tooth, which had to later be extracted. His left radius and ulna were broken, and he experienced lower back pain.
These injuries were the beginning of a long healing process in which Joe required an open reduction and internal fixation surgery and several follow-up appointments.
For several months after the injury, Joe was unable to perform his normal retirement activities because his range of motion was limited, and his back pain caused much discomfort.
Joe contacted Hughes & Coleman Injury Lawyers right away. Within 24 hours of his injury, Joe made the call, and our stellar intake team took diligent notes on the incident. In Joe’s case, as with so many who contact Hughes & Coleman, our slip and fall attorneys weren’t the only ones working to ensure Joe received the recovery he deserved.
Because Joe was able to get ahold of us so quickly, we immediately sent out our professional investigation team to the scene, so they could secure the evidence before it disappeared.
In many cases, especially on other premises, evidence can disappear if it is not properly acquired or photographed, as soon as possible, after the incident. Unfortunately, this is not illegal, as owners are encouraged to fix their property and ensure it is safe for others.
Our investigation team arrived at the doctor’s office within 24 hours of the call. Since they arrived so quickly, the broken railing was still at the scene, leaned up against the building. Our team inspected the area and took various pictures of the broken porch rail and the surrounding areas. The closeup images revealed that the railing was rusted and had been painted over, which inevitably caused it give way when Joe leaned up against it.
Business and property owners are legally obligated to keep their property safe for visitors, guests, and employees. If they do not do so, they may be held liable. Our quick investigation helped our slip and fall attorneys build a case for liability of the property owner. The evidence had shown the owner knew or should have known that the rail was in disrepair, and therefore unsafe. If the owner was not going to fix it, as was shown since the rust was painted over, then there should have been signage or some sort of warning that told pedestrians and patients that it was not stable. Unfortunately, there was nothing of the sort, and Joe suffered because of it.
In premises liability cases like Joe’s, liability can be difficult to prove, and Joe’s quick reaction to call Hughes & Coleman allowed our investigation team to get images before the broken rail was cleaned up. This evidence helped draft the demand letter to the insurance company to get Joe the compensation he deserved for his injuries. The video below includes Lee Coleman describing why Joe’s early call was essential to the success of the slip and fall claim.
Once our slip and fall attorneys received the evidence from our investigation team, they got to work. The team calculated Joe’s damages, determined who was liable in the case, and drafted the first demand letter. This letter described Joe’s injuries, how his life had changed since the incident, and how the property owner was to be held liable for the injuries.
Joe was initially hesitant to sue his doctor’s office for damages. As mentioned, he really liked his doctor, and didn’t want any bad blood between them. However, with doctor bills and other losses, it was important for Joe to understand his rights as an injury victim.
Once Joe understood his rights, our team fought to get him what he deserved. One of our experienced attorneys drafted a demand letter that explained the circumstances surrounding the incident, as well as
Joe’s injuries and losses. The insurance company responded to the demand letter, offering Joe over $100,000. Joe’s attorney then discussed the counteroffer with him, and Joe accepted the offer.
Hughes & Coleman’s Experienced Bowling Green Slip & Fall Lawyers If you’ve been injured in a slip and fall accident, time is NOT on your side. Contacting a slip and fall attorney as soon as possible can help you get the recovery you need.
In addition, it’s important to take photos of the area where you fell, if you are able. In Joe’s case, he was severely injured and was unable to take photos, but since he chose to call Hughes & Coleman within 24 hours of his injury, our investigation team was able to go to the scene and document the area. If he had not done so, the area could’ve been cleaned up, and the evidence would’ve been gone.
Hughes & Coleman is a full-service injury law firm that is ready to help you. Our intake team takes detailed notes, our investigation team is ready to spring into action, and our legal team is ready to fight for you. Call us today for your free case evaluation: 800-800-4600.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 800-800-4600.