Attorney Matthew D. Miller of Baumann, Gant & Keeley, P.A. recently won a personal injury case stemming from a slip and fall accident.
The plaintiff claimed that she injured her spine after she slipped and fell on oil on our client's property. She underwent extensive medical care for her injuries and received her treatment under letters of protection, which is an agreement that the medical provider will not seek payment until the patient's civil case is resolved. The plaintiff had a couple of surgeries, including a laminectomy and a discectomy at L3/4. She was also a surgical candidate for a herniated disc at L5/S1.
Plaintiff Seeks Compensation
In the plaintiff's case against our client, she sought compensation for past and future medical expenses, as well as pain and suffering. The treatment she had already received for her injuries totaled $162,141.18. Additionally, she boarded $250,000 for the future L5/S1 surgery, as well as a revision surgery at L3/4. She also expected to incur $70,000 in expenses for future pain management and orthopedic care. The plaintiff left it up to the jury to decide how much she should be compensated for past and future pain and suffering.
Jury Determines Percentage of Negligence
At trial, Attorney Miller fought hard for our client, defending against the claims they were at fault for the plaintiff's slip and fall accident. The jury returned a verdict finding our client 14% negligent and the plaintiff 86% negligent.
Compensation Amount Substantially Less than Initial Demand
The jury awarded the plaintiff $20,000 for past medical expenses and nothing for future medical expenses. Additionally, it decided on a compensation amount of $50,000 for past pain and suffering and zero for future pain and suffering.
The jury award totaled $70,000. However, because it found the plaintiff 86% negligent, the amount was reduced by that much, resulting in a net verdict of $9,800, which was significantly lower than the $500,000 the plaintiff originally demanded prior to trial.
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