A leisurely trip to Wal-Mart leads to a 60 year-old woman to be inflicted with factures to cheekbones, a torn left retina, fracture and lacerations over the left eye, nose and forehead fracture, loss of hearing in the left ear and fuzzy vision in the left eye. Bogoroch & Associates achieved a fair and reasonable final settlement.
The Nature of the Case
J.S. and her friend B. were enjoying an afternoon out together, catching up over a coffee and window-shopping at the nearby mall. The two women were in Wal-Mart when the fire alarm went off. At the time, no one seemed to be taking any interest in the alarm; no one was hurrying toward the exits or rushing.
This was the last memory that J.S. had – that everything was pretty calm – before she awakened to see a Paramedic looking down upon her face. Having no memory of the events of the day, it was J.S.’s friend who told her what had transpired that afternoon.
Her friend explained that a Wal-Mart employee had come running at a high speed out of a side aisle and struck J.S. with great force, knocking her to the floor.
J.S. sustained serious injuries as a result of the accident including factures to cheekbones, a torn left retina, fracture and lacerations over the left eye, nose and forehead fracture, loss of hearing in the left ear and fuzzy vision in the left eye. The fracture over her left eye led to regular trauma-related migraines and even more regular headaches.
Even after over a year and a half had passed, the headaches persisted at least twice a week. She underwent laser surgery to correct the retinal tear. The hearing loss remained in her left ear, and she suffered memory loss she had not experienced at all prior to the accident.
J.S. and her husband hoped for some kind of communication after they sent letters, and also an apology from Wal-Mart, but none was forthcoming. Wal-Mart did nothing and communicated nothing. J.S. and her husband were left to seek out legal counsel.
Bogoroch & Associates worked to gather evidence and witness accounts, hiring an Investigator to seek out any and all information about the events of that day. Medical reports were gathered from all doctors who had treated J.S. after the accident, as well as J.S.’s General Practitioner whom she had received care from prior to the accident. A Psychiatrist was asked to fully review J.S.’s psychological pain and suffering after the accident. Discoveries were held so that J.S. and her husband could testify under oath about the effects of the accident on their lives.
J.S. was approached and offered a fair and reasonable amount by the defendant Wal-Mart to settle the case. Although there was the possibility of recovering a larger sum at trial, J.S. and the Bogoroch team considered all of the factors weighing in on going to trial, such as:
- time and costs of going to trial may mitigate any larger settlement
- J.S.’s age and pre-accident history, which did include some blackouts and falls
Bogoroch & Associates:
- Hired an Investigator to speak to all witnesses of the accident.
- Gathered medical evidence from J.S.’s regular doctor, retinal specialists, the surgeon who conducted her laser surgery, and a plastic surgeon.
- Asked a Psychiatrist to comment on the continued suffering experienced by J.S. after the accident.
- Held Discoveries where J.S. and her husband were able to testify under oath about the accident and the pain and suffering experienced afterward.
The Bogoroch & Associates team allowed J.S. and her husband to thoroughly consider the reasonable offer, and the risks associated with a longer, protracted trial, and possible smaller settlement at the end of it all. J.S. and her husband determined to take the settlement offer, move on with their lives, and release the stress of a continued court battle.
*Please note that the settlement amounts will vary from case to case and are not reflective of what your case may be worth.