Woman suffers brain injury after a slip accident at a Brooklyn station

March 07, 2014 (Press-News.org) A slip-and-fall accident on the subway stairs in Brooklyn has resulted in a hefty win for a woman from Bronx. A Brooklyn jury awarded damages to the victim, but at a severe cost. The formerly active grandmother is now brain damaged and cannot communicate with others.

The slipping accident

It all began in December 2008. The mother of four finished a shift at a packing plant in Williamsburg and was on her way to meet her spouse. At approximately 5 p.m. in the evening, the woman stepped onto the landing of the Graham Ave. L subway station. In doing so, she overlooked a gouge in the platform that led to the stairs. As a result, she tripped, slammed her head and hip into the floor and tumbled down a flight of stairs. Shortly after the slip accident, the woman was taken to a local medical center. She was ultimately diagnosed with a fractured hip and bleeding brain.

The woman had been hospitalized for several days when seizures began. With time, she slowly lost her ability to communicate. The seizures resulted in other neurological problems, and the woman is now unable to care for herself and is confined to a wheelchair. The victim can never return to work, and the woman's condition is considered degenerative.

The personal injury lawsuit

The victim's family filed a slip-and-fall lawsuit against MTA's NYC Transit division in 2009 on behalf of the woman. In the matter, NYC Transit asserted that the woman was to blame for the accident. MTA asserted that no defect existed on the landing where the victim tripped. The agency also attempted to blame the victim's seizures on a small tumor in the woman's head.

However, the family took pictures of the scene days after the accident. The photographs revealed a deep crack in the cement that was several inches in width. Moreover, legal evidence and medical records suggested that the woman never had problems with the tumor, as it was "incidental." Ultimately, the verdict fell in favor of the plaintiff, and the victim was awarded $16 million in recovery.

The woman's family and husband of 20 years have assumed the responsibility of providing around-the-clock care for the victim. While money can never remedy what has happened, the damages associated with the lawsuit will help the family assist their loved one.

The importance of retaining a slip-and-fall attorney

Even minor slip accidents can result in serious harm. In some cases, the damage is irreparable. If you or a family member has been harmed in a serious slip accident, speak to a qualified lawyer about what happened. If the property owner of your injury site was negligent in keeping the premises safe, you could potentially recover for sustained injuries.

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