Our client was walking to her car at a large retail store’s parking lot near Omaha, Nebraska, when she slipped on a hole in the pavement. Although she didn’t fall to the ground, the sudden slip caused serious injury to her neck. She later learned that the discs in her cervical spine were damaged, and she ultimately needed a disc replacement surgery.
One challenge in this case was that she had already been treated for neck issues before the incident. The insurance company tried to argue that her condition was pre-existing and not related to the parking lot hazard.
We worked closely with her medical providers to carefully review her records and document how this slip worsened her condition. By clearly connecting the incident to her need for surgery and emphasizing the high cost of her treatment, we were able to build a strong case.
In the end, we secured a $165,000 settlement for our client. This case shows that even if you don’t fall all the way to the ground, or if you have prior injuries, you may still have a valid claim if a dangerous property condition makes your condition worse.
