So can I blame injury attorneys if they do the same thing?

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PostPosted: Thu Jun 26, 2008 3:24 pm   Post subject:   

I mean "how the adjuster" not "my the adjuster". Sorry for the error.


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PostPosted: Thu Jun 26, 2008 3:42 pm   Post subject:   

What a second... if I understand this correctly, the owner removed a part of the railing. This in some way caused your girlfriend to fall, and then it was put back by the owner? If so, the insurance company can't state that the owner did not know about the problem... they _created_ the problem. If your girlfriend has photos of the piece missing, has she sent copies into the adjuster? Did she explain to the adjuster that the owner removed the piece?

Quote:
She really dont a lawyer most really dont care about the injured. They just see a chance for money and being greedy.
I would agree that 99.999% of injury attorneys simply want the money. But if they get money in their own pockets it also means the obtained compensation for their client and compensation is "justice". So it's difficult to separate these two things. To be honest, do I do my job to help people? I'd like to think I'm helping people but that is not why I do it. I do it because I think it's interesting and it pays my bills. So can I blame injury attorneys if they do the same thing? But there are some attorneys who would much rather take a low payment and not do any work instead of really looking out for their clients interests. But there are bad people in every line of work.
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PostPosted: Thu Jun 26, 2008 4:27 pm   Post subject:   

Im not sure who moved it. But at the time of the fall the piece was gone but than a week later its there. Im pretty sure he is the one who did this. And when he placed it back he still didnt fix it. When the atty investigator came a week later it was still like that.


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PostPosted: Thu Jun 26, 2008 4:31 pm   Post subject:   

Also at the time their was no children living their at the time of the accident. So he cant blame it on any children.


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PostPosted: Fri Jun 27, 2008 1:12 pm   Post subject:   

No my girlfriend havent sent the photos yet. She forgot about them until she was going through her digital camera. She only sent the pictures the atty investigator took when she hired them a week later after the incident. We than notice when we was looking at the photos she took after the accident that the piece wasnt there but than when we look at the ones the investigator took it was there not fixed but it was just leaning there.


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PostPosted: Fri Jun 27, 2008 2:06 pm   Post subject:   

no she havent send the pictures to the adjuster. She forgot she took pictures after the accident until she was going in here digital camera and seen them. Than she called me and said the pictures she took was different from the pictures the atty investigator took a week after the accident. Than she showed me that the pictures she took didnt have the piece of railing. Because to say it just broke it should be laying around the area somewhere it was no where. But than we looked at the pictures the investigator took a week later it was there not fixed but just leaning against the side. We believe the landlord did this. Who else would take it than just put it back its not valuable it just a old piece of the railing.


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PostPosted: Fri Jun 27, 2008 2:28 pm   Post subject:   

Quote:
Wont the insurance say something like why didnt she see it or why didnt anyone else got injured.


The answer to that would depend a lot on your explaining the visibility of the defect when you have clearly stated somewhere that
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It was part of a railing system. It was next to the steps going upstairs to the apartments. She was just walking.
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He is require to keep areas like this in good condition and repair.
Obviously! thats precisely where he's gonna lose..

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PostPosted: Fri Jun 27, 2008 3:13 pm   Post subject:   

Maybe the insurance would say that but that wouldnt dismiss liability. For example lets say you went to a store to pick up a item. That wouldnt take you long so you decide to park at a no parking. I come a few minutes later speeding and smashed into your car. I can say well you shouldnt be parked there and you should of known that it was a no parking but that doesnt get me out of liability. It just a migrating factor in the case. Well maybe she should have seen it but he is still liable. the owner have a duty, it is a heavy used area, it was a very common area. Also he was in violation from the defect. He is supposed to keep area in good repair and condition. Meaning you just dont fix something when piece are falling off.


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PostPosted: Fri Jun 27, 2008 4:31 pm   Post subject:   

Sorry for the same post my computer goes crazy sometimes.



(I caught it William and deleted one...no harm no foul Wink --lori)


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PostPosted: Fri Jun 27, 2008 7:46 pm   Post subject:   

Tscope my gf wanted your help on that letter. You already know the reason why the adjuster deny the claim. This is why my gf think the landlord is liable. This was a common/public area that most if not everyone use, the defect was a violation code, proper maintainence would have prevent the incident, inspections should have been done to this area, he is require to keep this area safe and in good repair, he have no maintainence records to prove he had done inspections, he owe his highest degree of duty to tenants. Are there other reasons to point out why he would be liable? Also isnt he suppose to comply with safety and property maintainence codes? She wantr to make the letter short and sweet right to the point. She is also trying to talk to the mail guy who might have seen the defect because than wouldnt that be some form of notice and the landlord should have known about it? I know you are an adjuster, how can my gf convince the adjuster he is liable?


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PostPosted: Sat Jun 28, 2008 9:36 am   Post subject:   

Anyone here?.....


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PostPosted: Sat Jun 28, 2008 9:44 am   Post subject:   

Should my gf try to get a statement from the mail guy if he seen the defect? If so does it have to be long, is it suppose to be in a certain way? If she does get one from him do she submit it to the adjuster even though the claim was denied? Sorry for all the questions since yesterday but can you answer them all when you get a chance. Thanks a ton once again. Smile


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PostPosted: Mon Jun 30, 2008 9:19 am   Post subject:   

Also the photos showed signs of deterioration would that be enough for constructive notice? The sides of the railings that were left that didnt come off was leaning. How must a owner that is taking care of his property not notice that. Thing like deterioration doesnt happen over night it takes a while to occur which he should of discovered it, that also prove he wasnt maintaining a highly used area that he maintain control over of. You can clearly tell by these photos. Should she send all these photos to adjuster?


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PostPosted: Mon Jun 30, 2008 9:27 am   Post subject:   

Lori is tscope on vacation?SmileVery Happy


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PostPosted: Mon Jun 30, 2008 11:58 am   Post subject:   

Quote:
Lori is tscope on vacation?
I don't think so....I'm send him a pm, (you do understand though that we post here voluntarily we are not owners or employees of the site right? Wink ). I'm fairly sure he has just been busy and will respond as soon as he has time..hang in there.


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