Tina* first called our office through a friend about 5 years ago because she was experiencing significant problems resulting from a work injury. She could no longer work, and she needed help fighting for her disability benefits. We worked with her through the entire process: building a case, preparing her for a hearing, and then ultimately winning her benefits. We kept in touch over the years as she received our newsletters, other mailings, and birthday cards.Then one day, while shopping at one of her favorite stores, she attempted to sit down on a chair the store had on display encouraging their customers to try it. As she sat, the chair collapsed under her sending her crashing to the ground.Over the next few days, the pain never subsided, and her friend encouraged her to seek medical treatment and report the incident to the store – which she did. After reporting the incident, the store manager and then the insurance adjuster called her a liar – in more ways than one and with a tone and anger most reserve for their worst enemies. Tina was stunned.
After one particularly ugly call from the insurance adjuster, she called us because the emotional toll became too heavy especially as she continued to deal with pain, numbness, headaches, and the resulting depression. We asked Tina what success looked like for her in the case – her response, “I just want my medical bills paid and the store to acknowledge it was their fault.”
We immediately reached out to the store and the insurance adjuster – and they gave us the cold shoulder as well, leaving no option but to file a lawsuit.
Under questioning – we found multiple conflicting stories starting to emerge from the store’s perspective. One witness said there was video showing the fall and how it happened, but the store manager claimed video did not exist and they found no evidence of the claimed fall. The store never produced the video and said it was “lost” during a system upgrade…
During this, our client continued to experience neck and back issues related to the fall. She continued to seek treatment and her doctor told us she was working so hard to get better – more than many others he had worked with over the years.
Ultimately, we successfully mediated the case with the store.
During mediation prep – we again asked Tina about success, and she still wanted her medical bills covered and an acknowledgment from the store that she was not a liar. But given the course of the case and the potential – a new goal – if possible some money to put towards buying her own home. We were able to negotiate a significant settlement for Tina which should help her realize her two financial goals and we obtained a concession from the store they were not contesting liability – essentially acknowledging it was their fault.
As we left the mediation, Tina smiled finally, thanked us, and breathed a sigh of relief. We could see the weight of feeling like this was all her fault lifting.
*Tina is a fictitious name.
