Rapid Settlement for a Fall on the Stairs at a Broadway Theater30 Jan
Last July, a Long Island woman and her husband travelled to Manhattan to take in a Broadway show. She expected to come home with some pleasant memories; instead, she came home with a broken finger. In September, the woman contacted me to see if I could help her get some compensation for her injury. There’s good news all around on this case: the woman’s finger healed quickly, fully and without complications and we were able to resolve the case and get the woman a satisfactory settlement in four months.
Trip and Fall at the Theater
The case started on a warm July night, when the woman and her husband took in a Broadway show. Just prior to the start of the show, the woman used the rest room, which happened to be located one floor up. On her way back down the steps, the woman encountered a huge crowed coming up the stairs, forcing her to the left of the staircase. She was jostled and fell. She reached for the handrail, but there was no handrail on the left side of the stairs, so she fell to the ground and hurt her finger.
The theater manager apologized for the injury and offered the woman an ice pack. She returned to her seat to take in the show. By the time the curtain came down, her hand had swollen and she experienced tremendous pain. Cancelling dinner plans, her husband drove her to the emergency room where doctors diagnosed a fractured finger. Over the next four weeks, she received treatment from a local orthopedist until the finger healed.
The woman and her husband came to me in September and asked for my assistance in placing a claim. I conducted an investigation and prepared a case assessment. Because trip and fall incidents can be hard to prove and because the woman had such a good recovery, the case would not attract a large award and made going to trial a costly proposition. I reached out to the defendant, who also wanted to avoid a trial. I made a comprehensive settlement presentation that raised the offer made by the defense. In the end, we reached a fair compromise on compensation for my client, an amount that pleased the woman and her husband. I always try to move each case as fast as possible. Reaching a settlement in four months is good. We could have settled even sooner except we needed Medicare to sign off on a medical lien, which added almost two months to the case. (If a settlement covers medical expenses paid by Medicare, one cannot settle a case unit Medicare provides both a final lien amount.)
While not a large case, this case was important to the woman and her husband and thus important to me. I investigated the case, prepared a fact sheet and a case assessment and sought a settlement as soon as possible. The legal process can be very slow so I work hard to squeeze every day out of the process to move my clients’ cases as quickly as possible. Having a clearly defined injury and recovery and a responsible and responsive defendant makes it possible to settle a case in four months.
I hope you found this information helpful. If you or a loved one has been hurt in a trip and fall 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.
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.