I slipped and fell and can no longer resume a favorite hobby.

Additional Information:

When visiting my 84 year old mother at her assisted living apartment in Spencer, I slipped and fell and shattered my right arm. There was no “caution/wet” sign in the common area.  My out-of-pocket expenses currently exceed $18K and my physician says I will require another surgery because of continuing numbness and pain. The management has indicated that they would be “working with me toward a settlement”.  Besides the medical costs, I have not been able to enjoy a long time hobby, I am an avid needlepointer and have not been able to resume this activity. I know I have to settle with the insurance company soon.  What should I do?

ATTORNEY ANSWER:

You do not have to settle unless you are satisfied that the amount adequately compensates you for your losses.  If you are unhappy with the amount, you can file a lawsuit to recover your full damages.  If you want to make the insurance company aware of your hobby loss, then you should show them a number of your needlepoint items, either by photograph or the items themselves.  You should also have your doctor include the reason why you cannot needlepoint in his treatment notes by making sure you mention to him that you can no longer do that activity and the reason why you cannot, such as the inability to hold the needle and thread or to feel the item or constantly sticking yourself with the needle.  If you have some needlepoint that you have attempted post injury, you can show the difference in quality, if there is one, between your pre-injury and post-injury work. 

The Spencer Slip and Fall Lawyers at our firm handle personal injury claims in Spencer Massachusetts and throughout Worcester County including the communities of Holden, West Boylston, Shrewsbury, Marlborough, Westborough, Grafton, Millbury, Auburn, Leicester, and North Brookfield and Worcester.