Slip and fall settlement for my mom

[jhynesrockmtn]

Any lawyers or others with experience? My Mom had a bad fall in an icy parking lot at her doctors office last November. She just turned 79 last weekend. The concussion symptoms are lifting now and she's doing pretty well. She hit her head hard, was in the ER for a day, PT, etc. She has excellent insurance and lost no work time being retired.

The buildings insurance company got involved. They should have de iced the parking lot and someone didn't. After much back and forth with them gathering all kinds of medical info they've offered her $3,500. I think that is probably fine with no lawyer involved but she's getting all kinds of other advice.

I don't believe in pursuing settlements or litigation when not justified. Accidents happen. She wasn't out of pocket more than a few hundred $'s. Is this fair or should she hold out for something bigger? What is realistic, saying she'll go away for $5,000? Of course she's asking me for advice and I know little to nothing about this sort of stuff.

[Bugsinrugs]

Her insurance company may go after any settlement.

[Chocaholic]

It seems logical that a proper legal consultation would make sense if you want to go down that road. I suspect that the buildings insurance company would be thrilled to close this for $3500. In fact, the case worker that secures her signature will probably get a $10k bonus for doing so.

Ours is a litigious society and kudos to you for not seeking to gouge. But I suspect their insurance company is prepared to settle at a far higher number. Even if you don't want lawyers involved (30%), just the intent to do so will likely cause the settlement offer to grow considerably.

[rwest]

I read that very few if any icy winter falls win in court unless you can prove another condition like they had a pipe leaking into the lot that froze, otherwise it is considered an act of God. Just not practical or even possible to keep parking lots clear of ice in the winter.

[sammyg2]

Ask her what's worth more, self-respect or $5000?

[asphaltgambler]

Also proving liability is different in each state. Some states are far more lienient than others. Virginia for example has 99/1 rule. The defendant could be 99% at fault. But if they can show 1% contributing negligence- the case will fail.

[rwest]

Just a quick google search turned up this:

Injury Liability for Slip and Fall Accidents on Icy Surfaces - AllLaw.com

My non-legal option is they made the offer to not have to waste their time, if you lawyer up or ask for more, they'll make you take them to court.

It all depends on your local laws and weather, you ever try and keep a large parking lot in a cold weather state clean as a Florida summer? Just not going to happen, that's why lawsuits for icy falls don't occur very often.

[wdfifteen]

Originally Posted by rwest

I read that very few if any icy winter falls win in court unless you can prove another condition like they had a pipe leaking into the lot that froze, otherwise it is considered an act of God. Just not practical or even possible to keep parking lots clear of ice in the winter.

I had a woman fall in my parking lot a couple of years ago and this is exactly what the insurance company told me.
There was still a big hassle over it because her medical insurance is Medicare and before they paid their lawyers wanted to see if there was any insurance anywhere that would cover her medical bills.

[LakeCleElum]

Years ago, I was dating an attorney when I was hit by a car while riding my bicycle.

According to her, add up all your costs (lost wages, bicycle, doc bills, etc) and ask for 5 times that amount. The insurance companies will start by offering 2x that amount.

As your mother is retired and no lost wages, it doesn't seem her "costs" amount to much?

In my case, I got over the 5X amount when I dropped the name of a very good local personal injury and mentioned I planned to go get his advice. IN the end, I didn't use an attorney.

[CHICKS]

Better call Saul.

[URY914]

Originally Posted by jhynesrockmtn

. Accidents happen.

Yes accident do happen. Old women fall down because there is ice on the ground. What if it had happened in your front yard? Would you be paying her? What if happened in her church parking lot? Would she expecting a check from the church?

What a great country we live in. Fall down and get paid for it.

Sorry but I don't agree with this.

EDIT: I may have been a bit harsh. Glad she is recovering. If it had been my mother I may feel the same as you.

[Baz]

Glad to hear your Mom is recovering.

i have no legal advice to offer but if this happened to my Mom I know a few local attorney friends I would consult with - maybe you could do the same.

[jhynesrockmtn]

To be clear, I am not advocating to her she seek more or get a lawyer involved. She didn't threaten to sue anyone, send letters, etc. She simply was called by the buildings insurance company. They have taken a ton of her time getting records, multiple phone calls, etc. Those who are assuming she's some greedy little blue haired woman are wrong. This whole thing sort of speaks to the litigious nature of our society with most of her friends and family suggesting she should get some big check. I am more interested in information to pass along to her to put this behind her. The information about an icy parking lot being an act of god may be helpful. She's a regular church goer :-)

[ckelly78z]

I don't think it has anything to do with "self respect" or feeling guilty for accepting a payment. I bet if this happened in the church parking lot, the church's insurance agent would be contacting her to do the same, and if it happened in your own driveway, you could either pay for it all yourself, or call your insurance agent.

It sounds like there was some legitimate pain and suffering, and now the hassle and worry of answering questions of the insurance company representative, all of which is aggrevating to a 79 year old woman (hell, anybody).

It sounds to me like they made a low offer to hopefully make this go away cheaply and congratulate themselves on thier good fortune. I'm not saying you should ask for the moon, but they are prepared to pay 3X that amount without questioning it. This would help your Mother for her discomfort and aggrevation.

[Deschodt]

Originally Posted by rwest

I read that very few if any icy winter falls win in court unless you can prove another condition like they had a pipe leaking into the lot that froze, otherwise it is considered an act of God. Just not practical or even possible to keep parking lots clear of ice in the winter.

I feel for the OP's mother and hopes she recovers fully... And what follows is not meant as a criticism of her circumstances, of which I am not aware (you might have a case, no idea)...

But as an aside, how on earth can someone be expected run a business if they are expected to go out and de-ice their parking lot every few hours in freezing conditions to avoid litigation. I can see it in a case of negligence like a leaky pipe (and then again only if they were aware of it and did nothing) but if not, what a crazy world this is! So if one slipped on ice on a sidewalk, one could sue the city for not sweeping the floor in front of their feet like an olympic curling team? Everything is always someone else's fault nowadays... No wonder insurance is so expensive ! Note to self: if you start a business, don't provide parking, let people park on the street.

[ramonesfreak]

when I used to handle these types of cases, I would read the medical records, educate myself about what I read, and then talk to the doctor about the seriousness of the injury

You said she fell in November and her symptoms are just now starting to fade....it's now July. Obviously that's about 7 months of symptoms

If it were my mother or my client, I would want to know how this injury impacts her future health

I don't know what the statute of limitations is in your state but I'm fairly certain you need not rush this decision

[group911@aol.co]

So, if there are never any consequences for the parking lot owner for not taking care of a hazardous condition, why change their ways?
This time, it's your mom with relatively little issues and next time it's a guy with a family to support in a wheel chair for life. It's whole whole premise of our penal system- no consequence = repeat offenses.

[wdfifteen]

Originally Posted by group911@aol.co

So, if there are never any consequences for the parking lot owner for not taking care of a hazardous condition, why change their ways?

If mother nature provides the hazardous condition, the lot owner should not (and usually is not) held liable for it. As has been pointed out here several times, there is no way a business owner can make sure no patch of ice ever freezes on his property. I clean my lots for the convenience of my tenants, not to insure that they don't have to use common sense about where they walk.

[group911@aol.co]

The difference being whether an attempt was made to mitigate the hazard or not. Otherwise, why even have a mop in a grocery store for that leaky roof over isle 15? Idiot consumers should just avoid that isle right?

Originally Posted by wdfifteen

If mother nature provides the hazardous condition, the lot owner should not (and usually is not) held liable for it. As has been pointed out here several times, there is no way a business owner can make sure no patch of ice ever freezes on his property. I clean my lots for the convenience of my tenants, not to insure that they don't have to use common sense about where they walk.

[URY914]

Originally Posted by group911@aol.co

So, if there are never any consequences for the parking lot owner for not taking care of a hazardous condition, why change their ways?
This time, it's your mom with relatively little issues and next time it's a guy with a family to support in a wheel chair for life. It's whole whole premise of our penal system- no consequence = repeat offenses.

So your saying the owner must pay now because in the future the ice may cause a worse accident? I see....