Question about pursuing a personal injury claim

[David Berry]

Jurisdiction

Maryland

My 84-year old mother tripped on a carpet in a church while she was attending a funeral last week. She fractured bones in her pelvis and spent three days (including Thanksgiving Day) in the hospital in excruciating pain. She is home now but faces extensive rehab and my 89-year old father is unable to be much help because of his age and physical condition. She is using a walker and wheelchair to get around.

Their friends who were with them when she fell went back to the church and said that the section of carpet where she fell is not tightly woven to the floor and is coming up a little. So it is likely that was at least partially responsible for her fall. My parents are not they type of people who normally would pursue any sort of lawsuit but they asked me whether they should do so in this instance. There have been some smaller out of pocket costs already and I anticipate there will be more. Plus, just the physical toll of possible long-term rehab at her age. She is miserable right now because she lives for this time of year with kids, grandkids, etc. Is this something worth pursuing through the church's insurance company?

 

[justblue]

My 84-year old mother tripped on a carpet in a church while she was attending a funeral last week. She fractured bones in her pelvis and spent three days (including Thanksgiving Day) in the hospital in excruciating pain. She is home now but faces extensive rehab and my 89-year old father is unable to be much help because of his age and physical condition. She is using a walker and wheelchair to get around.

Their friends who were with them when she fell went back to the church and said that the section of carpet where she fell is not tightly woven to the floor and is coming up a little. So it is likely that was at least partially responsible for her fall. My parents are not they type of people who normally would pursue any sort of lawsuit but they asked me whether they should do so in this instance. There have been some smaller out of pocket costs already and I anticipate there will be more. Plus, just the physical toll of possible long-term rehab at her age. She is miserable right now because she lives for this time of year with kids, grandkids, etc. Is this something worth pursuing through the church's insurance company?

I suggest your mother get a consult with a Personal Injury Attorney :


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[mightymoose]

There may be something to pursue. You don't provide enough information to really assess it.

Get an idea of what the damages are and speak with a local attorney who can get into the details.

 

[zddoodah]

Is this something worth pursuing through the church's insurance company?

It's worth noting that this question is a very different question from the question whether she should sue.

Yes, this is something your mother should pursue through the church's insurer (although it's possible that the church is self-insured). Virtually all commercial liability insurance policies include a component that provides for payment of some relatively small amount (maybe $5-15k) for medical bills for a person injured on the property, regardless of legal liability. Assuming the church has such coverage, your mother is a first-party claimant and entitled to payment.

Legal liability is a completely different matter. Litigation would almost certainly be protracted and would take a mental toll on your parents. Your mother is free to consult with a personal injury attorney, but this is by no means a slam dunk. Among other things, your mother is of an age where she is more susceptible than most folks of falling a sustaining injuries that will be more serious than those that younger folks might sustain.

 

[adjusterjack]

Their friends who were with them when she fell went back to the church and said that the section of carpet where she fell is not tightly woven to the floor and is coming up a little. So it is likely that was at least partially responsible for her fall.

Which does not necessarily make the church liable. She would have to prove that the church people knew or should have known that the carpet was defective and failed to remedy the hazard.

That it "is coming up a little" could indicate that nobody saw it or knew about it before her fall and therefore there is likely no liability on the part of the church.

Beyond that, I agree with Z that she may be able to get some money from the church's Medical Payments Coverage. How much depends on the policy limits for that coverage.