Slip & Fall (Broken Leg, Surgery)
Hello, I work at a Sonic Drive-In as a carhop. I was taking an order out and slipped and fell on ice and broke my leg in two places, I snapped my tibia and fibula in half. I was placed into immediate surgery and a metal rod was inserted in my leg. I was hospitalized for 2 days before being released. I was unable to walk for 2 months and have attended physical therapy since then. My leg still swells up and there is light to moderate pain. I have returned to work but I have to take a break every hour as advised by my doctor. I still walk with a limp. I have recieved workmans compensation for my loss of work and covering my hours since I cannot work as many as I could before. I have talked with one lawyer in OKC and he wants to start a lawsuit. I was wondering if this would be a good case, an estimate on how much I could sue for. What types of things I can sue for (negligience, pain and suffering, etc).. And how long it would/could take too get a settlement.
1 Answer from Attorneys
Re: Slip & Fall (Broken Leg, Surgery)
I don't know that you have an independent civil case for two reasons: (1) it sounds like it's a straightforward injury on the job scenario; (2) a slip on the ice will be defended by, at least, relying on Oklahoma's "obvious danger" doctrine.
Defense would say your exlusive remedy is through worker's compensation, and that even if that's not the case, Sonic was not negligent if they made a reasonable effort to make the area safe, and you should know you can't walk on ice.
Whether you have a case or not can only be determined by looking at the detailed facts. I'd suggest you have an attorney review it if you think there are enough facts to overcome foreseeable defenses. As for how long it takes, these things typically take many months, if not years.