This article focuses on slip, trip and falls that cause wrist injuries in a Florida or cruise accident. I wrote a separate article on Florida car and truck accident claims for hand or wrist injuries.
Let’s look at some actual cases.
Hand Injury from Trip and Fall on Buckled Carpet at Miami Beach Condo
My Actual Case: $35,000 Settlement without a lawsuit for a child who suffered a wrist fracture (distal radius fracture) when she fell off a set of stairs due to a loose handrail.
An image of the radius is below.
Scottsdale Insurance Company insured the company that owned and rented out the portable bathroom.
My Actual Case: $210,000 Settlement where my client fell from a loose booth at a restaurant in North Miami Beach, Florida. It happened at a Denny’s restaurant.
He fractured his scaphoid (bone in the wrist) and had 2 surgeries to repair it. The image below shows a scaphoid fracture.
Travelers Insurance was the restaurant’s business liability insurer.
My Actual Case: Confidential Outcome for a woman who fractured the navicular bone in her wrist after she tripped on a curb at an apartment complex in Miami Beach, Florida.
She also fractured her hip and had surgery on it. Her first complaints of wrist pain were about 3 weeks after the fall.
Learn more about Florida apartment complex and condominium slip, trip and fall cases.
My actual settlement: $18,000 Settlement for guest who tripped and fell while exiting the restaurant. It occurred in South Miami, Dade County, Florida.
She claimed that the fall caused her wrist sprain. Her bigger injury was a laceration (cut) to her cheek.
She claimed that she tripped over the above vinyl landscape edging. (The actual edging is in the above picture).
I took this picture. I went to the accident scene within hours of being hired. I argued that this edging was a dangerous condition because it was sticking out into the customer’s path of travel.
She had a Medicare Advantage plan which paid some of her medical bills. They demanded reimbursement for the all of the bills that they paid.
Since she had an attorney (my law firm), her Medicare Advantage plan reduced its reimbursement demand by over 33%. This put more money into my client’s pocket.
That is just one of the reasons why Medicare recipients should get a lawyer after an accident in Florida or on a cruise.
Nautilus Insurance Company paid the $18,000 Settlement.
The photo below shows Nautilus’ home office.
Nautilus is a W.R. Berkley Company.
Nautilus paid $17,000 from the BI coverage in the property owner’s insurance policy. $1,000 of the settlement was from the Medical Payments (“Medpay”) coverage in the policy.
She had surgery on her wrist and had physical therapy for 2 years. Her wrist continued to bother her, and she could not do certain things like cut vegetables or fruits.
The jury awarded her $300,000 in past and future pain and suffering but the appeals court reduced it to $150,000. The appeals court gave the following reasons for the reduction:
- The woman was the only person to testify as to her pain and suffering. No other witnesses testified
- She did not describe her injuries other than to say that she wore a temporary cast, had surgery on her wrist, and her wrist hurt during trial.
- She did have difficult doing some things such as cutting fruits and vegetables.
- No medical testimony was offered.
- She did not discuss how long she was expected to live.
- She did not testify much about her discomfort, either at the time of trial or at the time of the accident.
Find out more about Florida parking lot accident claims.
Actual Case (not mine): $276,000 jury verdict for pain and suffering alone for a 64 year-old woman whose injury was a fractured 5th metacarpal and mild clawing deformity.
The cause of her injury was that she claimed to have tripped and fell on carpet that was wet and folded at a hotel. The hotel claimed that the rug was not wet or folded.
Her attorney offered to settle but the hotel (or its insurer) did not accept the offer. The total verdict was for $326,000. The jury found the woman to be 35% at fault for the accident. The verdict was in 2007. The case is Concepcion vs. Felcor Lodging Trust, Inc. d/b/a Embassy Suites Hotel.
My thoughts: The Plaintiff’s attorney claimed that he offered to settle this case for $115,000 with the hotel but the hotel rejected this offer. The jury basically said the case was worth $221,900 after the woman’s fault (probably for not looking where she was walking) was taken into account.
I used the formula below to get to that number.
Value of case according to jury = Total Damages X (100% – woman’s % of fault in the accident)
Value of case according to jury= $326,000 x (65%)
Value of case according to jury= $211,900.
So the woman’s attorney offered to settle the case for $97,000 less than the value that the jury felt the claim was worth. This case is another example of the fact that claims adjusters for insurance companies or defense attorneys (for a hotel or other company or individual) do not always offer an amount equal to what a jury may award in your case.
Either the liability claims adjuster or the defense attorney misevaluated the case or the insurance company wanted to take a “We will make you take cases to trial” approach.
Some liability insurance companies are known for paying fair amounts to settle a case. Other insurance companies may offer a fraction of what a personal injury case is worth.
A liability claims adjuster (working for the insurance company) can be very persuasive and convincing. But just because he or she tells you that your demand is unreasonable does not mean that it is.
Actual Case (not mine): $13,730 for pain and suffering alone for a grossly displaced right wrist fracture resulting in permanent injury. An adult woman skater fell at an unmarked construction site in Palm Beach County, Florida.
Past medical expenses were also awarded.
Actual case (not mine): $8,915 verdict for past pain and suffering for an unemployed 66 year-old woman who sustained an impact fracture to the wrist. She slipped and fell on oil on the floor at a Winn Dixie in Miami, Florida.
The shopper was found 50% at fault for the accident.
$7,085 was awarded for past medical bills. The verdict was in 2001. The case is Robbins vs. Winn-Dixie.
My thoughts: The amount awarded for pain and suffering for this impact fracture of the wrist is below the average settlement range for wrist fractures in Florida accidents. The shopper was found 50% at fault for the accident, which is in line with the saying “A jury in a slip and fall case on a shopper’s best day will place 50% fault on the shopper.”
Like most sayings, this one does not always apply but it is a good general rule of thumb. The shopper will get half of the total verdict because she was 50% at fault.
In Florida, a shopper can still have a good case even if he or she is partially at fault in the accident.
2013 – Defense Verdict (not my case). A lady sued Publix after she claimed that she suffered a wrist tear of the triangular fibrocartilage and widening of the scapholunate.
She claimed that she had a permanent injury. She also claimed a left knee contusion, right knee bone bruise and ankle sprain.
She claimed that these injuries were caused when she slipped and fell on a slippery substance on the sales floor at a Miami, Florida Publix. She alleged that Publix negligently failed to maintain a safe store.
She claimed that Publix had knowledge of the dangerous condition. She claimed that Publix failed to put barriers in place to prevent customers from walking on the slippery substance.
Publix denied liability. Publix denied that it knew of a slippery substance on the floor. Publix argued that against the degree of the shopper’s injuries. Publix and other defendants like to take cases to trial where the Plaintiff has a tough case.
Most defendants prefer to settle cases where the Plaintiff has a strong case. Date of Incident: August 2008. Gillings v. Publix Supermarket.
This is just one type of accident that can happen at a Publix store that can cause a wrist injury. Other accidents include a trip and fall in the store or parking lot, or if someone carelessly pushes a shopping cart or pallet cart into you, a truck accident and much more.
Actual Case (not mine): In 2009, a customer entered the lobby area of the Tampa post office. She slipped and fell on water. She suffered a severe break of her right wrist.
The fracture required surgery and the placement of a titanium plate and six screws in her wrist. She incurred medical expenses.
The judge found that the slip and fall victim suffered severe pain when she broke her wrist and will experience some pain in the future as a result of her injury. She is unable to lead as active a lifestyle as she did before the incident.
In 2012, the judge found that her injury has diminished her ability to enjoy life. Based on a life expectancy of approximately 25 years, he gave her medical expenses incurred in the past and:
1.Pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life:
a. sustained in the past: $ 25.000.00
b. to be sustained in the future: $ 20.000.00
Whose carelessness may cause your wrist or hand fracture, or injury, in a Florida car or truck crash?
Florida Walmart Wrist Injury Cases
See if you have a case if a Florida Walmart’s negligence caused your broken hand or wrist, or another type of injury. This could include a slip, trip and fall in the store or parking lot, a truck wreck and many other types of accidents in Florida.
Walt Disney World in Florida
Learn if you have a case if Walt Disney World’s carelessness caused your broken or fracture hand or wrist. Accidents could include, but are not limited to, slip, trip and falls, Disney bus crashes, cruise ship accidents or a truck wreck.
Should You Hire A Lawyer if Someone’s Carelessness Caused Your Wrist Injury in a Florida or Cruise Accident?
See if you know the purpose behind every question on this detailed twenty something page slip and fall questionnaire. If you do understand the reason why every one of those hundreds of questions are being asked, you should immediately hire a lawyer.
There are over 11 reasons to hire a Florida accident lawyer.
Did someone’s carelessness cause you to slip or trip and fall and suffer a wrist injury in Florida, or on a cruise or boat? Did you suffer another type of injury? Were you injured in another type of accident?
See Our Settlements
Check out some of the many Florida injury cases that we have settled, including but not limited to slip or trip and falls, supermarket or store accidents, accidents at an apartment complex, condo building or home, restaurant accidents, hotel accidents, day care accidents, cruise ship accidents and much more.
I want to represent you!
I am a Miami slip, trip and fall lawyer that represents people injured anywhere in Florida in slip, trip and falls, store or supermarket slip accidents, cruise ship or boat accidents, accidents at an apartment complex, condo building or home, and many other types of accidents.
I 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 also be able to represent you.
Call Us Now!
Call us now at (888) 594-3577 to find out for FREE if we can represent you. We answer calls 24 hours a day, 7 days a week, 365 days a year.