Slip and fall and death

[Delores 22]

State: FL

I'm writing this on behalf of a friend.

His elderly mother was living in an assisted living facility. She had health problems but essentially
functioned well and used a walker. She had recently had a pacemaker put in.

He took her to a restaurant where she went into the handicap bathroom, slipped and hit her
head against a wall that had a protruding screw about a half inch long. Ambulance took her
to the ER. The screw had cut her scalp and she'd bled profusely requiring about 15 stitches in her
head, two bags of blood, and several days of hospitalization followed by a week or two of rehab,
then she wanted to be released. He consulted a lawyer at that time (around March 2015).

After the fall, she was unable to walk using her walker and required a wheelchair. She died about
a month or two later. Her health insurance company told him last week they want to know if it's
a lawsuit.

The lawyer who's working on the case is dragging his heals.

First question: The son wants to know if he should tell the lawyer about the insurance company.
Second question: Lawyer has done nothing except a few phone calls. How can he get the lawyer to finish
the case? Isn't there a statute of limitation?

Thanks

 

[quincy]

State: FLORIDA

I'm writing this on behalf of a friend so I don't have too many details yet.

His elderly mother was living in an assisted living facility. She had health problems but essentially
functioned well and used a walker. She had recently had a pacemaker put in.

He took her to a restaurant where she went into the handicap bathroom, slipped and hit her
head against a wall that had a protruding screw about a half inch long. Ambulance took her
to the ER. The screw had cut her scalp and she'd bled profusely requiring about 15 stitches in her
head, two bags of blood, and several days of hospitalization followed by a week or two of rehab,
then she wanted to be released. He consulted a lawyer at that time (around March 2015).

After the fall, she was unable to walk using her walker and required a wheelchair. She died about
a month or two later. Her health insurance company told him last week, that because the medical
bill for this incident was due to an accident, they will NOT pay (he doesn't know the total amount yet).

The lawyer who's working on the case is dragging his heals.

First question: The son wants to know if he should tell the lawyer about the insurance company refusing to pay the bill.
Second question: Lawyer has done nothing except a few phone calls. How can he get the lawyer to finish the case? Is
there a statute of limitation?

Thanks

Did the mother of your friend live in an assisted care facility located in Florida? Or did she reside in a different state? If a different state, which state?

How old was the mother when she died?

Did your friend hire the attorney (pay him a retainer)?

What is being looked at by the attorney (a suit against the restaurant for possible negligence, a suit against the pacemaker manufacturer for a possible product defect, medical malpractice over the care of the mother after her accident, a claim against the mother's insurance company)? The statute of limitations varies with the type of claim being considered.

If the son is unsatisfied with his current attorney (for the lack of progress being made on the case or the lack of communication, whatever), he can have another attorney look at the facts of the case (as the son knows them) and the second attorney can provide an assessment of the first attorney's work.

I see one problem in what you have related and that is that the mother chose to stop rehabilitation and be released from the hospital.

 

[Delores 22]

The mother was 89 and a FL resident and the assisted living facility was also in FL. The lawyer took it on a contingency basis.
From what I was told, the pacemaker wasn't an issue when she was hospitalized. I think the mother requested that rehab continue
in her assisted living facility.

The son just recently found out the insurance company will not pay if it was an accident and he wants to know if the lawyer should
be informed of the insurance company's decision.


Thank you very for your previous answers.

Did the mother of your friend live in an assisted care facility located in Florida? Or did she reside in a different state? If a different state, which state?

How old was the mother when she died?

Did your friend hire the attorney (pay him a retainer)?

What is being looked at by the attorney (a suit against the restaurant for possible negligence, a suit against the pacemaker manufacturer for a possible product defect, medical malpractice over the care of the mother after her accident, a claim against the mother's insurance company)? The statute of limitations varies with the type of claim being considered.

If the son is unsatisfied with his current attorney (for the lack of progress being made on the case or the lack of communication, whatever), he can have another attorney look at the facts of the case (as the son knows them) and the second attorney can provide an assessment of the first attorney's work.

I see one problem in what you have related and that is that the mother chose to stop rehabilitation and be released from the hospital.

 

[quincy]

The mother was 89 and a FL resident and the assisted living facility was also in FL. The lawyer took it on a contingency basis.
From what I was told, the pacemaker wasn't an issue when she was hospitalized. I think the mother requested that rehab continue
in her assisted living facility.

The son just recently found out the insurance company will not pay if it was an accident and he wants to know if the lawyer should
be informed of the insurance company's decision.


Thank you very for your previous answers.

For any attorney to be effective, the attorney needs to have access to all relevant facts. If the insurance company has informed the son that medical expenses will not be paid if the fall and injury is determined to be accidental, this is information that the attorney needs to know. I actually question what the son was told. The insurance coverage should be reviewed.

Here is a link to the Florida statute of limitations for various causes of action: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

Showing negligence on the part of the restaurant could be difficult. The reason for the fall must be determined. There is the issue of the mother's age and her health, including the fact that the mother was using a walker and had a pacemaker. Using a walker in a restroom requires some maneuvering that can be difficult for a woman of the mother's age. When working properly, a pacemaker will respond to a slow or irregular heartbeat and will shock it to get it beating normally. Leading up to a shock, a person with a pacemaker may experience some faintness, and a shock can cause unsteadiness.

Also an issue is the condition of the restroom. What was its condition at the time of the fall? Was the restroom floor wet? If so, was the restaurant aware of this or should the restaurant have been aware of this?

Was the restaurant aware of the protruding screw or should the restaurant been aware of the protruding screw? Has the protruding screw been removed or covered since the mother's fall?

How did the restaurant react to the accident at the time of the accident?

I think that the son should make an appointment with the attorney for a discussion of the case and its current status. If the attorney seems to have made little progress on getting answers to at least most of the questions asked above, the son might wish to speak to another attorney.

Please extend my sympathies to your friend for the loss of his mother.

 

[Dandy Don]

Was she being treated by her personal physician or by any other doctor for her injuries after she came out of rehab?

Did the doctor agree with or disagree with her decision to ask to be released early while in the hospital?

You need to be having an interview with at least 2 or more attorneys who specialize in personal injury and/or wrongful death cases.

 

[LdiJ]

Also, whose insurance company is the OP talking about? His mother's health insurance company or the restaurant's liability insurance provider?...or somebody else?

 

[Just Blue]

The Volunteers should read the quote Quincy got before OP did her/his edit.

 

[LdiJ]

The Volunteers should read the quote Quincy got before OP did her/his edit.

EH, the OP lost mom...and lost mom in maybe a scenario where it might have been a few years in the future where they lost mom. I am going to be a serious basket case when I lose mom...so I can understand.

 

[Just Blue]

EH, the OP lost mom...and lost mom in maybe a scenario where it might have been a few years in the future where they lost mom. I am going to be a serious basket case when I lose mom...so I can understand.

I'm writing this on behalf of a friend so I don't have too many details yet.

**************.....

 

[quincy]

... You need to be having an interview with at least 2 or more attorneys who specialize in personal injury and/or wrongful death cases.

It is not the mother of Delores who slipped, fell and died. Delores has written on behalf of a friend.

The friend of Delores already has an attorney (since March 2015). The friend will want to seek out additional attorney-reviews if the current attorney is not doing the job the friend expects him to do.

It would, of course, be best if the friend could post. I am afraid Delores will not be able to provide all of the information that has been requested, information that can be necessary to provide good advice and direction.

 

[Delores 22]

The Latest News

Sorry for the delay, but the son said the most important question was answered --- whether he should tell his lawyer about his mother's health insurance company requesting the money back if it's a legal issue. He'll be telling the lawyer and wants to thank everyone.

Personally, I'm curious to know if the insurance company could require the son to pay even if he loses the case.

I have a hunch the son will be asking me more questions about the case, so please stay tuned.

Thanks!

 

[ecmst12]

The insurance company will place a lein on any settlement or judgement in the case. So they will take their share before your friend gets anything. But their share of $0 is $0, they can't take anything if he doesn't get anything.

 

[Delores 22]

Thank you

Thank you very much for the answer above regarding the health insurance.

BTW, from the sparse facts I mentioned, is there anyone who might want to take a guess at what this case might be worth if the rstaurant is found at fault? Folks of that generation who are mentally spry (and docs don't put pacemakers in debilitated elderly patients like she had done) can last a long time. One man in her facility was 104 years old and was doing quite well even though wheelchair bound.

Thanks

The insurance company will place a lein on any settlement or judgement in the case. So they will take their share before your friend gets anything. But their share of $0 is $0, they can't take anything if he doesn't get anything.

 

[ecmst12]

Definitely not.

 

[Delores 22]

Definitely not.

My friend's mother was in relatively good health for her age (89 or 90) according to her personal doctor who took care of her before and during her stay at the assisted living facility. I would imagine it's safe to say her doctor will have some input and would probably say something to that effect. Providing the lawyer talked to her doctor (it's safe to assume this, yes?) would the lawyer then be able to assess whether or not the restaurant's offer is valid? It'd be based on other similar cases that have set a precedence? Is it safe to assume most lawyers can do a good job of this?


Thanks