This is a matter in which our client was shopping at a large department store and as she was walking through a pet section of the store, she slipped and fell as a result a substance which appeared to be shampoo on the floor surface. As a result of the fall our client suffered an injury to the knee.
Our client came to see us to seek advice on recovering some medical expenses only, however after discussing the circumstances in conference and client learned that she was entitled to more than just medical expenses including damages for her injury, loss of work days and possible care and assistance.
The claim however was a little bit more complicated in relation to the damages for injuries due to the fact that our client already had a problem with her knee prior to the accident and in fact had an operation to the knee less than five months earlier. The plaintiff that she had substantially recovered from the previous problems following the surgery.
At our cost, we obtained a medical expert opinion from an orthopaedic specialist who provided a supportive report and concluded that she has as a result of this accident suffered cartilage damage trauma induced chondromalacia patellae.
Although the injury affected our client, our client is a stoic person who had no option but to continue to work so as to support her family and did not have much time off work with the odd day here. A claim for a for economic loss based on a cushion claim could only be made, that being a claim for loss or no general basis for time off work in the future and or difficulty getting back into the workforce if for any reason she had lost that job.
The matter had been fully prepared and investigated to the extent that the defendant had made a concession about the slipperiness of the floor surface.
The defendant solicitors agreed to hold an informal settlement conference prior to the matter going to hearing. After discussing the matter in detail and all the issues relating to the strengths and weaknesses of both parties, the defendant’s solicitors finally agreed to settle the matter for a sum in excess of $85,000.
In light of the circumstances of the type of claim that could be made represented an excellent settlement in which the client was extremely happy and grateful for the amount she would be receiving and the fact that the matter was resolved in a timeframe less than 11 months from the date she first provided instructions to act on her behalf. She was thankful that she accepted our advice regarding pursuing the matter noting that she was reluctant to do anything about the matter.