What is the name of your state (only U.S. law)? FL.
Hi all, I have a case of a trip over a common malfunctioning outside obstruction, a sprinkler head, at a senior living center. A retractable sprinkler head was stuck 1/2 way up while off and obscured in tall FL grass as the center is wont to keep it(cheaper than cutting it more often). While walking a dog, the plaintiff tripped over the extended sprinkler, fell, attempted to get up and fell back to a seated position, fracturing aq fibula which luckily healed quickly in the octogenarian. An exam was done that day, fracture found that night by a radiologist. Orthopedics followed up and an attempt at rehab made which worsened the condition so no further rehab performed. Inactivity with raised leg for 3 months and tenderness and occasional pain at the fracture site and the expected permanent physical impairment persists 2 years later.
The center never responded to any of my requests for their insurance info when informed about the incident. This necessitated retaining an attorney, well respected in the area. He had trouble getting a response from them also. No case filed yet and the center is finally offering a fraction of what fractures usually are worth. Home health aid has cost 2 times the settlement offer. The plaintiff's atty says it's not a great case with no witnesses(save for the elderly couple that helped up the plaintiff after about 20 minutes in the FL sun.
Any opinions on the value of a case like this in FL? Medical bills were 90% covered by Medicare so not too bad on that front. And this is the top line senior center in the area-rents cost ~$50k/year and they are building a second center in the next town so are on the rise.
Hi all, I have a case of a trip over a common malfunctioning outside obstruction, a sprinkler head, at a senior living center. A retractable sprinkler head was stuck 1/2 way up while off and obscured in tall FL grass as the center is wont to keep it(cheaper than cutting it more often). While walking a dog, the plaintiff tripped over the extended sprinkler, fell, attempted to get up and fell back to a seated position, fracturing aq fibula which luckily healed quickly in the octogenarian. An exam was done that day, fracture found that night by a radiologist. Orthopedics followed up and an attempt at rehab made which worsened the condition so no further rehab performed. Inactivity with raised leg for 3 months and tenderness and occasional pain at the fracture site and the expected permanent physical impairment persists 2 years later.
The center never responded to any of my requests for their insurance info when informed about the incident. This necessitated retaining an attorney, well respected in the area. He had trouble getting a response from them also. No case filed yet and the center is finally offering a fraction of what fractures usually are worth. Home health aid has cost 2 times the settlement offer. The plaintiff's atty says it's not a great case with no witnesses(save for the elderly couple that helped up the plaintiff after about 20 minutes in the FL sun.
Any opinions on the value of a case like this in FL? Medical bills were 90% covered by Medicare so not too bad on that front. And this is the top line senior center in the area-rents cost ~$50k/year and they are building a second center in the next town so are on the rise.
