When going out for an enjoyable dinner at a restaurant, you do not expect to be injured. But that’s what happened to N.D. when patronizing a local restaurant. A folded mat on the floor caused N.D. to trip, causing her to injure her right foot and ankle, throughout her body to her shoulders and neck. The accident caused not only multiple body bruises and abrasions, but led to the development of fibromyalgia, anxiety and depression.
The Nature of the Case
N.D. was entering a local restaurant when a folded-over doormat caused her to trip and fall. The accident caused serious and long-term injuries to N.D.’s right foot and ankle, throughout her body to her shoulders and neck. Multiple body bruises and abrasions were evident immediately following the accident.
The accident created further medical complications for N.D. when she developed fibromyalgia, anxiety and depression. N.D., who was looking forward to returning to work after a disability leave, could not do so. The effects of the accident were devastating for her.
The Resolution
Bogoroch & Associates was retained by N.D., after she contacted another lawyer to take on her case. N.D. wanted a second opinion and she determined to take the case to Bogoroch & Associates. As some of the initial legal work was already started, it was crucial that Bogoroch & Associates prove the restaurant responsible and liable in the matter.
When a patron enters a restaurant, he or she has every reasonable expectation that the environment is safe and that they will not be harmed in any way during their time there.
Bogoroch & Associates conducted extensive research throughout Canada to find similar cases and legal precedents supporting the claim that the restaurant was negligent. Arguments presented by the defendants were abolished once legal precedent was presented supporting N.D.’s case.
Once liability was proven, the Bogoroch team set out to review, document and value the medical injuries sustained during and after the accident. N.D. visited a Rheumatologist who could provide an expert analysis and opinion on the fibromyalgia, and the medical-legal aspects of her condition. An accounting was then completed, outlining the cost of her pain and suffering and loss of present and future income.
Bogoroch & Associates:
- Took on the case after N.D. sought a second legal opinion
- Created a strong case proving negligence through research of Canadian case law
- Had medical experts review and document findings
- Created an accounting of loss due to loss of income and pain and suffering
The case was mediated, and though the restaurant presented arguments that pre-accident problems led to N.D.’ condition, the medical evidence that had been developed provided ample proof that the injuries and ongoing medical issues were a result of the accident.
The case was settled quickly and N.D. did not have to suffer through a protracted court trial. Though medical issues would continue to hamper N.D., she was able to return to the happy and productive life she enjoyed before the accident.
*Please note that the settlement amounts will vary from case to case and are not reflective of what your case may be worth.