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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Talking Fell Over in a Chair and Broke Leg

    My question involves an injury that occurred in the state of: Washington

    I was at a Enrolled Tax Agents House with my wife working on our tax issues.
    The agent operates a regular business office on the side of his home to meet
    with clients.

    We were all sitting at the desk in chair on a carpeted floor. I hear some strange noises from the other room that sounded like someone was medically
    hurt. I asked the Tax Agent did he hear the same noises I was hearing in the other room and that I thought someone was hurt and needed help.

    The Tax Agent hollers to his wife in the other room, Are you ok honey?
    She hollered back NOOOOOOOOOOOO and it sounded like she was in need
    of help.

    I try to scoot my chair back in a hurry to go help and the chair completely
    entangles my feet and turns over and tosses me into the book cases next to the desk in a mangled pile with the chair landing atop me.

    I wind up with a broken leg from the incident in his office. Taken to ER and emegency surgery performed and kept in hospital for 3 days. Just got home this week and now I am a walker for 8 weeks with no weight allowed on my broken leg pending further doctor orders.

    Check with the Tax Agent today to see if he has has any policy to cover these accidents and said he has both a home owners and a business liability policy.

    I will state that both the Agent and his wife admitted several clients have fallen in this office due to the chair not sliding properly on the carpet and the
    wife said this was the last straw the carpet was coming out and hard wood floors were going in before someone else gets hurt.

    Do I have a case? The Tax Agent I was doing business with has coverage with State Farm and a claim was entered today but not seen any adjustors
    ...... I ask as I have a huged deductible on my medical plan and a 70/30 plan which is not going to cover all the bills.

    So I have the need for a lawyer to handle this or is it not worth chasing?

    thanks Car 67

  2. #2
    Join Date
    Jan 2010
    Posts
    102

    Default Re: Fell Over in a Chair and Broke Leg

    Hi Car 67

    oy vey

    A broken leg requiring surgery is a significant injury
    & thank goodness there is insurance to cover the accident.


    I would also take pictures of your injuries, scars, incisions, yourself in the cast

    Get a list together of your treating physicians.

    Then consult with PI attorney

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Fell Over in a Chair and Broke Leg

    You can talk to a lawyer but I would see what the tax agent's ins. coverage pays.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fell Over in a Chair and Broke Leg

    I try to scoot my chair back in a hurry to go help and the chair completely
    entangles my feet and turns over and tosses me into the book cases next to the desk in a mangled pile with the chair landing atop me.
    I believe you need to sue the chair and not the tax guy.

    you say the chair entangled your fee and then it tossed you into the book cases. Sounds like the chair is the bad guy here. Sounds like it was really out to get you for some reason.


    You admittedly hurriedly (as in without due caution and care) scooted the chair and the chair did not slide as you expected it to. Sounds like you caused your own injury. That doesn't stop you from trying to make a claim for the damages but it might get in the way of recovering for them. Not the best of claims. I believe it could go either way and the insurance involved may simply pay to avoid litigation and not even bother challenging the claim.

  5. #5
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Fell Over in a Chair and Broke Leg

    I agree with the others, and as the accident as described appears to be your fault, you'll have a long road ahead. A few observations:

    First, it's currently an insurance compnay claim, they will drag their feet on it, knowing that even if you bring the case to court, you don't have a good case, assuming that you'll bring a case to court.

    Second, you would have a hard time finding a lawyer taking the case, since if you came to me hypothectically (I'm not a lawyer), I won't find it to be a profitable case, and I'm better waiting for cases where my chances of winning my collection contingency fees are far higher.

    Third, some lawyers might take the case, but have no plans to go to court, assuming the other side would fold up quickly with an attorney calling. Insurance companies know this, if they play hardball, and these attornies would soon fold up first and not return your calls.

    Finally, you might be fortunate enough to have some insurance company willing to pay a small sum for you to walk away. However, if you want a big payday, then you would encounter the same difficulties I mentioned.

    Oh, guess how I know all of this??

  6. #6
    Join Date
    Jan 2010
    Posts
    102

    Default Re: Fell Over in a Chair and Broke Leg

    sometimes homeowners & the business insurance policies are "No fault" .

    even If you were clumsy & fell ,as long as you were not drunk

    the purpose of the policy is to cover this sort of "accident". cover your medical & some $ for your time Off work.



    I would at least check the coverage, as long as you are reasonable it should be resolved quickly

  7. #7
    Join Date
    Jan 2010
    Posts
    102

    Default Re: Fell Over in a Chair and Broke Leg

    your not trying to make a big stink & blame another party

    you just want to get your needed medical care , recoup some of your $ for time off work ,get better & move on.

    I was confusing a Claim versus Lawsuit. Sorry

    I think you would be able to make a claim., due to the seriousness of the injury

    sometimes even your private health insurance may have a benefit to give you cash for the time off work that you are recovering.

    I think you could do all that without an attorney unless they refuse to pay the claim

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