Slip and Fall Case in Hampton, VA – Miscellaneous


Our client was injured in an incident in Hampton, Virginia in November of 2011. At the time of the incident, our client was walking on the sidewalk when she tripped over a portion of the sidewalk that was not level. Under the concrete in this particular area, there was a grease trap used by the nearby restaurants which had recently been replaced. After the construction was done, the company employed to replace the concrete walkway failed to adequately level the concrete. Due to this structural deficit, the concrete posed a risk to individuals using the area.

After the incident, our client suffered injury to her left hand and wrist. She was evaluated by EMTs at the site of the accident but decided that she would not go to the hospital. She continued to have persistent wrist pain, but since she had an appointment for a routine physical when she returned to Charlottesville, she decided to wait for further evaluation. She did not realize the severity of her injury until her appointment when an x-ray was ordered and a left scaphoid fracture was uncovered. She was then referred to the UVA Department of Orthopaedic Surgery. Her physician placed her in a splint to see if her fracture would heal on its own. However, it was noted that her fracture had not healed and surgery was deemed necessary due to a non-union of the fracture. Our client had a prior surgery of her left distal radius in 2002 and had hardware inside of her hand from this surgery. During the surgery to repair the scaphoid fracture, the old plate from our client’s injury in 2002 was removed as well as the scaphoid bone fractures.

Our client followed up with her physician and was noted to have improvement of her pain and was placed in a splint to aid her healing. She was referred to physical therapy in April. She began physical therapy at UVA Healthsouth.

Our client was discharged from physical therapy after a few visits because she felt she would be better able to handle a home therapy routine. Our client again followed up with her physician, at which point she reported some new wrist pain and numbness on the left wrist. She was then recommended more physical therapy and for her to continue wearing her splint until her wrist strength improved. She returned to physical therapy, but was discharged on the same day because she felt that she could handle her own recovery and the physical therapist was in agreement. At her last appointment with her physician, our client reported feeling much improved.

Although we did file a lawsuit in the Hampton Circuit Court in this matter, this case was successfully mediated by a retired judge and we recovered the amount of $87,500.00 for our client, which exceeded three times the medical bills. Our client was extremely pleased with this outcome.

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