Summary:
Carbone Lawyers has obtained a successful public liability claim on behalf of their client, who sustained significant injuries after a fall at her local supermarket. The case highlights the impact of such incidents on an individual’s life and the complexities involved in reaching a just settlement.
Key Points:
- Significant Injury Impact: The plaintiff suffered severe and lasting injuries, including aggravation of pre-existing conditions, which profoundly affected her daily life and independence.
- Comprehensive Loss Claim: The claim encompassed not only medical expenses and pain and suffering but also critical gratuitous care services provided by family members.
- Strategic Negotiation and Litigation: Carbone Lawyers employed a persistent negotiation strategy, ultimately initiating legal proceedings to secure a favourable out-of-court resolution for their client.
Case Details:
The plaintiff, an 81-year-old fiercely independent woman, was shopping at a local branch of a major Australian supermarket when she slipped on grapes that had spilled in the fruit aisle. The woman fell hard, twisting her left knee and injuring her shoulder. The injuries required surgery and have left the woman with ongoing pain and discomfort.
The fall significantly impacted the plaintiff’s quality of life. Her home, a double-story house, became a challenge, forcing her to relocate downstairs permanently. The ongoing pain disrupted her sleep and severely limited her ability to engage in once-loved activities such as gardening, spending time with her grandchildren and cooking Sunday dinners for her family.
A crucial aspect of the claim revolved around the gratuitous care services provided by her family members. Before the incident, the plaintiff was her husband’s caregiver; however, after the injury, her children stepped in, providing hours of care per week for both the woman and her husband.
Carbone Lawyers diligently documented the plaintiff’s extensive losses, including the profound impact on her physical and mental well-being, her loss of capacity to provide care for her husband, and the significant disruption to her independent lifestyle. Despite initial attempts at pre-issue settlement, a gap remained between the parties’ offers.
Outcome:
After persistent negotiations and the strategic filing and serving of a sealed Writ, the supermarket increased its offer, leading to a significant settlement. The plaintiff was pleased to achieve a successful resolution and avoid a lengthy and potentially costly trial.
