Slip & fall at supermarket results in significant compensation settlement for Mudgee woman

Published 14 Dec 2015

In the normal course of attending her local supermarket our client proceeded to walk past a vegetable area for the purposes of continuing her shopping.  Unbeknownst to her there was green foliage and vegetable matter on the ground which the staff had significantly failed to clean.   Their failure to clean resulted in her slipping and landing heavily to the ground sustaining significant injury to her upper back and shoulder.  Our client was successful in obtaining a compensation payout for her injuries.  

The supermarket staff came to her assistance and took down her details however, nothing further was done.  Our client was left to her own devices and ended up going to see her own doctor for follow up treatment.  Our client sustained a significant tear to the ligament in her shoulder which significantly impacted on her day to day domestic activities and also on her work.  Our client realising that her injury was a little more serious than what she had anticipated finally sought to see what rights she had as regards to pursuant to a compensation claim.  

Our client contacted our head office on the basis that she understood that we service our clients in the Mudgee area.  After speaking to our office, we confirm our ability to deal with the matter on her behalf, see her in conference and act in accordance on a “No Win, No Fee” Costs Agreement.

Our client was happy to at least be able to speak to a specialist firm that could service the Mudgee area and can deal with the matter promptly and efficiently.  

Having obtained instructions to act on behalf of our client, we immediately forwarded a letter of demand onto the supermarket who forwarded that onto their insurer.  We proceeded to obtain various records in support of her injury from her treating doctor, her physiotherapist and arranged for our client to be independently examined by one of our own doctors.  Again, in accordance with our “No Win, No Fee” agreement, we paid for all medical report fees and costs associated with preparing the claim.  

In accordance with our pro-active file management strategy we commenced court proceedings without further delay and proceeded to liaise with solicitors that the supermarket had engaged through their insurer.  As part of the normal preparation of the claim, we obtained documentary evidence in support of the medical and treatment expenses that our client had incurred, records in relation to her employment and loss of earnings and also statements from people who knew her before and after the accident who commented on the impact the accident had to her both socially and to her general lifestyle.  

Having answered all particulars that were requested by the solicitors and providing them with all the material evidence, we arranged for an Informal Settlement Conference with them and commenced settlement negotiations.  

Our client in Mudgee was not disadvantaged by the fact that she lived there.  We were able to communicate with her by phone, email and also when required to see her in conference.  Our Mudgee client, like all our clients, received advice in relation to conveying a reasonable offer that was based on the injuries without trying to over exaggerate the claim.  It was clearly explained to our client that it was a once and for all settlement and from the very start of any negotiations, our client was advised what the costs and disbursements would be and any other amounts that needed to be deducted from the claim.  With all the relevant information our client provided us with instructions to enter into settlement negotiations and finally settle the claim for an amount in excess of $140,000.00.  In view of her injuries and the fact that our client continued working and didn’t have too much time off from work, this was a very good result.  

Whether you live in Mudgee, Bathurst, Orange or any regional area in New South Wales, Gerard Malouf & Partners is able to assist you in your compensation claim especially in Public Liability Slip and fall matters.  By contacting our head office to speak to any of our specialise solicitors we are able to act quickly and arrange for a conference to see you and obtain your instructions.  We are able to offer a 90 day no obligation written guarantee of the service we provide and in accordance with our policy we act on a “No Win, No Fee” basis.  Our clients in regional Australia should not feel that the distance, jeopardises their ability to receive expert and specialised legal advice in personal injury compensation claims.