What the Insurance Company Didn’t Know 
Personal Injury

What the Insurance Company Didn’t Know 

Posted On: July 10, 2026

This content has been reviewed by Brian P. Hodgkiss

That was the mistake the insurance company made with our client. She was in her late seventies, but age alone didn’t tell her story. She was active, independent, and determined to enjoy life. She exercised regularly, traveled, spent time with her family, and devoted countless hours to her hobbies.

The things that mattered most to her were the simple freedoms most people take for granted: driving where she wanted to go, spending time with the people she loved, and using her hands to create things that brought her joy.

An Ordinary Evening Turned Serious

One evening, she joined her family for dinner at a Wisconsin restaurant. It was supposed to be an ordinary night. There was laughter around the table, stories being shared, and family members enjoying each other’s company.

Nothing about the evening suggested that she would leave injured. But hidden beneath the appearance of a normal dining experience was a dangerous flaw.

As she got up to leave the table, a failure in the design of the restaurant’s seating system suddenly revealed itself. A critical component had been designed and maintained in a way that made it unstable. As she stood up, the seating gave way beneath her, causing her to fall hard to the ground.

The Injury Changed More Than One Evening

Our client did not immediately assume the worst. She was embarrassed more than anything else. She tried to gather herself and move on with the evening. She expected she would wake up the next morning feeling sore but otherwise fine. Instead, her pain persisted.

Her doctors soon confirmed that she had suffered a significant injury to her dominant hand. The injury affected far more than her ability to grip objects. It affected her independence, and everyday activities suddenly became difficult. The hobbies she enjoyed became frustrating or impossible to pursue. Tasks that once required no thought suddenly required planning, assistance, or painful determination.

As the months passed, the consequences of that fall continued to unfold. Treatments led to more treatments. What initially appeared to be a straightforward injury became a much longer journey. She developed complications, and eventually, she needed surgery. The incident had changed her life.

Then Came the Denial

After conducting what it described as an investigation, the insurance company denied responsibility and said the restaurant had done nothing wrong.

There was no accountability, no acceptance of responsibility, and no offer to make things right.

For many people, that would have been the end of the story. Insurance companies carry an air of authority. Their letters are written with confidence, and their conclusions are presented as facts. When an injured person receives a denial, it’s easy for them to feel defeated and to give up.

Our client was confused. How could this happen? How could a dangerous condition cause a serious injury and nobody be held responsible for it?

We Started Asking Questions

When our client came to our firm for help, she wasn’t looking for a fight. She was looking for answers. So we started asking questions.

As we dug deeper, the story began to change. The evidence raised concerns about the seating design. It revealed concerns about inspection procedures. It revealed concerns about whether reasonable steps had been taken to identify and correct a hazard before someone got hurt.

Most importantly, it revealed that this was not an unavoidable incident. There were practical, inexpensive measures that could have dramatically reduced the risk of exactly the type of injury our client suffered.

The more evidence we uncovered, the more difficult it became to reconcile the insurance company’s denial with the facts.

The Evidence Changed the Case

When the insurance company still refused to accept responsibility, we filed suit. That decision changed everything.

Once a lawsuit begins, assumptions are replaced with evidence. Witnesses answer questions under oath. Internal decisions are examined. Documents are produced. Explanations that sound convincing in a denial letter must withstand scrutiny.

As the case moved forward, the evidence continued to build.

The defense was forced to confront questions that had never been adequately answered. Why had the hazard been allowed to exist? Why had it not been corrected? Why had reasonable precautions not been taken? Why had our client’s claim been denied in the first place?

One by one, those questions became increasingly difficult to avoid.

Fairness Came After the Fight

What began as a complete denial eventually became something else entirely. Faced with mounting evidence of their failure and the risks that evidence created, the insurance company ultimately paid our client.

The resolution she received could not undo the injury she suffered. It could not give our client back the months she spent dealing with pain, treatment, surgery, and limitations. It could not erase the frustration of being told that what happened to her was somehow nobody’s fault.

But it did provide something she had been denied from the beginning. Fairness.

The Lesson for Injured People

This story illustrates something injured people experience every day. Insurance companies often make decisions before they know the full story. They deny claims, minimize injuries, and assume people will simply accept the answer they’re given. But sometimes, they’re wrong.

At Brian Hodgkiss Injury Lawyers, we believe that a denial letter from the insurance company is just the beginning of an injury investigation, not the end of one. We believe facts and evidence matter, and that when someone has been injured because a business failed to keep its premises reasonably safe, accountability shouldn’t depend on whether an insurance company finds it convenient.

Our client went out to dinner expecting nothing more than an enjoyable evening with her family. Instead, she came home severely injured.

When the insurance company said no, she needed someone willing to keep digging until the full story came to light—and that’s exactly what we did. And ultimately, the evidence of what happened spoke much louder than the insurance company’s denial. Contact us today so we can help you fight the insurance companies for the justice and compensation you deserve

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