Who Should Shoulder the Cost of this Personal Injury?

Let’s face it, accidents happen every day in Louisiana. But when they happen and responsible parties don’t admit they are liable, the personal injury lawyers at Babcock Partners, LLC are hired to perform an important job.

For example, two of our clients were traveling through Louisiana when they stopped for a break to have coffee, check email, and stretch their legs. After ordering their beverages, our clients found two seats and prepared to sign in to their email accounts. Suddenly, a large picture fell from the wall striking both clients in the head, neck, back, and shoulders. Despite immediately reporting the incident to defendants and a report being filed, no reasonable steps were taken by the owner of the business to address our clients’ injuries.

After physical therapy with no relief, our client was diagnosed with a serious shoulder injury, a rotator cuff tear with impingement on her nerves. Because of the accident, our client underwent arthroscopic surgery on her shoulder. The surgeon repaired the rotator cuff and performed a subacromial decompression on the long head of the bicep tendon (LHBT) and a glenohumeral joint debridement.

A rotator cuff tear is a tear of one or more of the tendons of the four rotator cuff muscles. Rotator cuff tears are among the most common condition affecting the shoulders. When shoulder trauma occurs, normal function can be compromised making normal activities difficult to perform.

The courts in Louisiana recognize rotator cuffs are painful and often award significant compensation to injured victims. In Quinn v. Wal-Mart Stores, Inc., a shopper sustained injuries when a large television box fell on her neck and shoulder. She underwent arthroscopic surgery to repair a labral tear on the front of her shoulder. A jury awarded her $150,000 in general damages in addition to compensation for her medical bills. In Corliss v. Baha Towers Ltd. Partnership, a man sustained a shoulder injury when he tripped and fell over cardboard boxes left in a hall. He was taken to the hospital where he was diagnosed with a torn rotator cuff. He was eventually forced to undergo surgery to repair the injury. The trial court judge awarded $131,690 in general damages to the plaintiff plus reimbursement for his medical bills.

Big businesses and insurance companies often don’t want to accept that serious injuries can occur from relatively minor incidents. In those instances, they will often refuse to pay a victims medical bills and other damages. That’s exactly what happened to our two clients who were hit by a falling picture. The lawyers at Babcock Partners assisted them from shortly after the accident, all the way through settlement. In their case, after both the trial court and the Louisiana First Circuit Court of Appeal refused to dismiss the case before trial, we were able to negotiate a favorable settlement on their behalf.

The personal injury attorneys at Babcock Partners, LLC strive for positive outcomes in all of our personal injury cases. Contact us today to see if we can assist you with your matter.