My Actual Case: $64,900 Settlement. My client stepped in a hole that was covered with grass overgrowth.
He injured his ankle in the process. This amount of this settlement is before attorneys’ fees, doctors’ bills, etc. were deducted.
This is one of my many ankle injury settlements.
Case type: Personal Injury, Man tripped in a hole covered with grass in condominium complex
Settlement Date: 8/30/2013
Claimant’s Attorney: Justin Ziegler
Insurer for Condominium Complex & Property Manager/Liability Claims Adjuster/Defendant’s Atty:
Chubb Insurance/Adjuster Nancy Johansson/ Attorney Joseph Winsby and Carlos Salup
Insurer for Landscaping Company/Liability Claims Adjuster/Defendant’s Atty:
Florida Insurance Guaranty Association (FIGA)/Cherri P. Ramgoolan/ Mario Lopez
Plaintiff (my injured client) was 45-year-old male, working as a recruiter for the Army at the time of accident.
The Plaintiff was involved in a fall down incident that occurred on July 19, 2010. He is a recruiter for the Army and worked in an office located on a property owned by Zinn and Corporate Park. The property is managed by Cushman & Wakefield of Florida, Inc. and the grass is maintained by and LG Property Maintenance, Inc.
At around 10 a.m. or so, Mr. The Plaintiff was leaving work to attend a doctor’s appointment He was walking on the sidewalk (see picture above. The hole is covered with white sand) and then walked onto the grass as the sidewalk ended and both routes required him to walk on the grass. You will notice that the property owner or landscaper placed sand or some substance in the hole after the fall.
He stepped a hole in the ground covered with grass. He fell in this hole. Four co-workers arrived at the scene, two of which provided affidavits that I sent them which stated that the hole was deep and covered with grass overgrowth.
I tried to settle the case before filing a lawsuit but both insurance companies denied liability (responsibility).
Claimant’s Injuries Damages:
Immediately after the accident, the Plaintiff was taken by a coworker to a military health clinic. Days later he had an x-ray of the right ankle which showed soft tissue swelling and a questionable fibula fracture.
On August 2, 2010, Dr. Thomas San Giovanni saw him and the next day he had an MRI of the right ankle which showed that the peroneal tendon (in the ankle) had partial thickness and longitudinal tears behind and beneath the tip of the lateral malleolus.
One month later he had surgery on his ankle: an ankle ligament repair and an ankle arthroscopy with Dr. Thomas San Giovanni. He was excused from work for 1 month. His ankle was placed in a splint and cast. He received physical therapy on his ankle for about 8 months.
His orthopedic doctor gave him an impairment rating of 6%. Mr. He had pain and suffering and has continues to have pain and suffering.
He can no longer take the army physical fitness test that he was able to perform prior to the incident. He cannot perform the 2 mile run that is part of the army physical fitness test. If he cannot complete a walk which is mandatory, he will be kicked out of the army. The army put him on a permanent profile. He has pain and difficulty when running, standing, driving, walking, and going up and down stairs. He had to use crutches and a walker after the incident.
Total medical services billed: $47,500
Total medical bills owed: $7,100
He did not owe the billed amount of approximately $47,500. He just owed $7,000. I am fighting to reduce this amount for him.
Policy Limits for Personal Injury Coverage of the insurance company that covered the property owner and property management company:
1 million dollars ($1,000,000) Chubb Insurance
Policy Limits for Personal Injury Coverage of the insurance company that covered the landscaper:
$300,000 Florida Insurance Guaranty Association (FIGA)
The amount owed for past medical expenses was about $7,000, thus it can be assumed that the claims adjusters paid $58,000 for pain and suffering. He has not needed medical treatment on this ankle since he finished physical therapy 2 years ago. In Florida, in a trip and fall case, you do not have to prove that you have a permanent injury in order to get money for pain and suffering. In most car accident cases in Florida, you have to prove that you have a permanent injury in order to get money for pain and suffering.
Future Medical expenses: None.
Future lost wages: None.
It was Plaintiff’s position that defendant should have added dirt to the hole before the incident. The insurance adjusters argued that Plaintiff was comparatively negligent because he had walked through the area several times before this incident. Plaintiff said that he never walked into the hole before the incident. The claims adjusters said that he could have taken an alternate route instead of walking on the grass. I argued that it was unreasonable for him to take the alternate route.
The case settled at mediation after I filed a lawsuit a couple of years after Plaintiff finished his medical treatment. I think this was a slightly above average settlement for an ankle tear requiring surgery. It helped that my client was very likeable.
Did you injure your ankle in an accident or incident in Florida or on a cruise ship? Were you injured from a trip and fall? Was it a work-related incident or accident?
I am slip and fall lawyer in Miami that handles cases throughout Florida and on cruise ships or boats. I also handle car accidents and other types of incidents. Check out some of the many Florida injury cases that we have settled, including but not limited to claims for slip and falls and cruise ships accidents. We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state I may be able to represent you as well.
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