$92,000 for Serious Fall at a Cafe with Undiagnosed Injuries

Published 13 Oct 2012

We acted for a patron who was injured when she fell backwards off a raised platform when attempting to sit at a coffee shop table.

The platform was raised approximately 30cm above the ground. There was no barrier around the platform to ensure that persons did not fall off the ledge.

Our client suffered head trauma as well as injury to her back.

Following preliminary investigations legal proceedings were filed against the owner of the café.

Medical Concerns

One of the key issues in this matter was that while it was never denied that our client suffered an injury, the extent of those injuries were not supported by the medical evidence in particular the medical evidence of her own treating specialist.

At this stage, it was our role not only as our client’s solicitors but as forensic investigators to assist our client in getting to the bottom of her condition and in particular develop a medical case on which significant compensation could be obtained.

We had arranged numerous medical appointments from Neurologists, Orthopaedic Specialists and Psychologists to assist in identifying our client’s condition and primarily the cause of her ongoing complaints.

After a number of medical specialist opinions it was ultimately identified that the concussive event of falling from a raised position onto concrete and hitting her head caused our client mild head trauma which resulted in a severe psychological condition.

The Settlement

Armed with this information, and identifying that such psychological condition had severely impacted on our client’s life, the parties participated in a settlement conference at the offices of the defendant solicitors prior to a hearing date.

After lengthy settlement discussions surrounding the café’s responsibility for the damage caused and the extent of the damage caused. We were able to settle our client’s claim for $92,825.00 inclusive of costs. The settlement encompassed figures for pain and suffering, past and future treatment expenses and future domestic care.

In the circumstances and factual situation of this case this was an excellent result and one that was promoted by both our office and the barrister on the case Mr Mark Thompson.

We are a highly specialised and focused firm with our law firm being small enough to care intimately for our clients but large enough to have the solid financial, medical and expert resources our client’s need to match the big insurers we fight every day.