Slip & Fall Settlement Casestudy

*Names have been fictionalized to protect the privacy of our clients.

Juanita Jiminez – Slip and Fall Claim

One cold day in December, 1994, Juanita decided to do some Christmas shopping at her local shopping mall. On her way into the mall, she slipped on some ice and snow, falling to the ground and striking her head and right shoulder on the ground. She fractured her right shoulder and surgery was needed to repair the damage. She has suffered severe headaches since the fall.

At the accident scene, a security guard from the mall attended, and they called her family, who came to the scene shortly after. At the same time, an ambulance had been called and came to the accident scene as well.

Juanita was contacted by an insurance adjuster who wanted to take a statement from her about the circumstances of the incident. They visited her in the hospital and took her statement without anyone else being present.

Within 2-3 days of the incident, Juanita was sent home. She and her family continued to discuss the case with the insurance adjuster who kept advising them that the matter was being “investigated”. By February, 1995, Juanita received a letter from the adjuster advising that their investigation was complete and they regretted to advise that they could see no liability resting on the shopping mall for the incident, however, as a gesture of good faith, they were offering her a one-time payment of $2,000.00, provided she signed the enclosed Release document, which would prevent her from making any further claims regarding this matter in the future.

Juanita contacted Share Lawyers at this time. She wasn’t sure what to do and did not want to cause any problems, but her friends told her she should consult a lawyer because what they were offering wouldn’t even cover her lost wages. She decided to retain Share Lawyers and they took over the handling of the matter.

After putting the adjuster on notice, a further denial letter was sent and Share Lawyers started the lawsuit. After several court proceedings and exchanges of paperwork, the lawyers for the shopping mall, the snow removal company and Juanita, agreed that in order to expedite the case, they would attend a private mediation in April, 1996. After a lengthy mediation at that time, the case was settled for the all-inclusive amount of $100,000.00. This proved to be quite an improvement over the $2,000 that had been offered. Juanita was glad she had decided to get Share Lawyers involved in her case, particularly when she had been on the verge of simply accepting the small offer because she had been fed up with all the hassles involved in dealing with the adjuster.