Viñas & DeLuca obtain $1,875,000.00 Settlement for Individual Who Slipped on Wet Paint
Viñas & DeLuca represented a Plaintiff in a personal injury action stemming from injuries suffered following a slip and fall accident that occurred in early 2020. A gross settlement of $1,875,000.00 was ultimately reached with the various Defendants in the lawsuit. The Plaintiff was injured in February 2020 while walking along a freshly painted sidewalk located outside a shopping plaza in Miami Dade County, Florida. He was 69 years old at the time. He unexpectedly slipped, fell, and injured his head, neck, back, shoulder, and wrist. He was taken by Fire Rescue to a nearby hospital and subsequently treated for his injuries over the course of the next year by a variety of healthcare providers.
Before a lawsuit was ever filed, attorneys at Viñas & DeLuca obtained crucial surveillance video capturing the fall and, most importantly, the negligent painting work performed hours earlier. This was the key evidence in the case. It was never disclosed or produced when requested in litigation. The video clearly captured one of the Defendants’ employees rolling paint in the area where the Plaintiff was injured, as well as the actual fall.
This evidence, along with photographs confirming that the Plaintiff slipped on wet paint, solidified liability and paved the way for Viñas & DeLuca attorneys to obtain full compensation for the Plaintiff.
In the months after his slip and fall, the Plaintiff underwent surgery to his right median nerve, multiple epidural injections to his neck and back, an anterior cervical fusion surgery, and a radiofrequency ablation procedure to treat injuries to the discs in his neck. Using medical illustrations, video recreations, and other demonstrative aids, attorneys at Viñas & DeLuca established that each of the Plaintiff’s injuries, including a shearing injury to his brain, were caused by his slip and fall. The defense contended that the Plaintiff did not suffer a brain injury and argued that the majority of his injuries were either unrelated or preexisting. Below are examples of the demonstrative aids developed for his case.
This case demonstrates why retaining an attorney early is often critical to establishing liability and achieving a full and fair settlement. The surveillance video produced by the Defendants during litigation did not show any painting work being performed and was taken from a different camera. That video captured far less than the videos obtained by Viñas & DeLuca prior to litigation. Additionally, retaining Viñas & DeLuca early provided an opportunity to identify potential witnesses, secure important evidence (such as clothing and evidence of paint work), photograph the scene as it existed shortly after the Plaintiff’s slip and fall (cones and caution tape were placed the following day), and properly document the Plaintiff’s evolving injuries – all of which were integral to obtaining a swift and substantial settlement.
The slip and fall lawsuit was filed in 2020 and settled less than a year later.
Viñas & DeLuca, PLLC proudly represent individuals and families in Miami Dade, Broward, Palm Beach, and throughout Florida who have suffered injuries or lost loved ones due to the negligence of others. If you or a loved one have been injured in Florida, you can contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372-3650. You can also complete our Free Case Evaluation Form or easily chat with us online, and one of our attorneys will contact you right away. We are here 24/7/365 to speak with you and answer your questions. If you cannot come to us, we will come to you.