Legal Question in Personal Injury in Florida

Child slipped on mud in Belks; they want to settle..How much?

A year ago, my daughter(15 then)went inside Belks. When I came thru door behind her, she was on the floor. The entire entrance for several feet wide and long was covered with muddy water and grit. She had just had knee surgery six weeks earlier. Her knee was red and swollen. She was hysterical thinking she had to have more surgery because her knee hurt badly. ER said crutches-meds, follow up with her doctor who said the internal structures of her surgery seemed to be ''unscathed'' and time would tell if she had to have more surgery. At the end of three months, doctor was not pleased with her progress at PT. This was how long he said she needed PT after surgery. Then he extended it another 3-4 months. Now, her knee is still painful but there is not much to be done. Her bills came to about $2500.00 for ER, DR. and PT. I have a letter from Ins. Co. for Belks stating that the area was pressure washed that morning and it was their responsibility to secure the area that was wet. They admitted this. There were no signs present indicating dangerous conditions and no way around the area. Now the Ins. Co. wants to pay the medical bills and $1500.00 to my daughter. What is fair to you? Her mental grief and anguish was horrible.


Asked on 3/27/06, 1:46 pm

2 Answers from Attorneys
Jason Turchin Accident Victims Rights Attorney Jason Turchin, Esq

Re: Child slipped on mud in Belks; they want to settle..How much?

You will likely need Court approval since your daughter is under 18. The insurance company should pay for all of her out of pocket expenses and bills, and should take into consideration her future medical bills and past and future pain and suffering. You should contact an attorney for more advice.

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Answered on 3/27/06, 6:00 pm
David Slater David P. Slater, Esq.

Re: Child slipped on mud in Belks; they want to settle..How much?

Suggest you retain an attorney to represwent your minor daughter. Depending upon the severity of the aggravation, the offer does not appear to be fair and a judge may not approve.

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Answered on 3/27/06, 2:45 pm


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