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 Posted: Tue Sep 09, 2008 8:28 pm Post subject: Trip & fall/lawyer? |
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| I was involve in a trip and fall accident. We all know these cases are hard to prove because you need to prove notice. Notice i dont think is an issue because the area/thing of trip over takes a while to be in that condition. It not something that could happen seconds before i got there. Anyway i hired an atty after the incident but they are known for settling most cases but they seem decent better than one i have now. Someone told me that insurance co will know that they like to settle and take a while to settle. So i hired a new lawyer that was strong. He said he sent the insurance company a letter and should hear back from them at the end of august. I still dont hear anything from him. I spoke to him today about getting an advance on this because im in a bad situation. By the way could anyone give me advice on advance funds. And this lawyer i have lie alot. Should i go back with the first lawyer i had? Im worried someone said the insurance dont take settlement lawyers serious is that true? |
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TashonQB54
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| Posted: Tue Sep 09, 2008 9:18 pm Post subject: |
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| Quote: | | Anyway i hired an atty after the incident but they are known for settling most cases but they seem decent better than one i have now. |
Did you hire an attorney without even talking with the insurance company first to see if you could come to an agreement before you offered up a third of your settlement?
| Quote: | | Someone told me that insurance co will know that they like to settle and take a while to settle. |
No that's non-sense, but I will say it's usually a certain 'caliber' of attorney that is in a hurry to settle... | Quote: | | I spoke to him today about getting an advance on this because im in a bad situation |
What did he say about that? | Quote: | | By the way could anyone give me advice on advance funds. |
I suppose there an attorney or two that might do this but generally only with lock solid guarantee settlement and usually very large claims.... | Quote: | | And this lawyer i have lie alot |
About what? | Quote: | | Should i go back with the first lawyer i had? |
You've already lawyer hopped once, did that first attorney release his lein? if not you will owe them both, which will leave you not much at all....No one can tell you what to do frankly I think getting an attorney that early was a mistake to begin with, but hopping back and forth THAT will have any adjuster not taking any of you very seriously...I have never in twenty plus years heard of a ''settlement'' attorney I would assume you mean a Personal Injury attorney, they are all taken seriously however to be totally honest, strickly PI attorneys are not real well thought of in their own crowd.
Has the insurance company even accepted liability? meaning do they agree their insured was at fault? What are you injuries? What happen in the fall? Have you EVER had another slip and fall or previous injury like the one you now claim? What was the demand your attorney sent...in other words how much did he ask for ?
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Lori
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| Posted: Wed Sep 10, 2008 5:45 am Post subject: |
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Personally, I don't favor the involvement of an attorney in the claim process. You should seriously seek their help when the things go beyond your ability to handle it. The attorneys don't come cheap. Hence, you are also losing out a considerable portion of your gain from the insurance company as their fees.
I agree with lori, you were rather little impatient in hiring an atty. Discussing the situation with the insurance company might have had solved it easily.
The insurance company may take some time in investigating into the situation to evaluate the extent of the damages. And you are required to allow them that period.
I'm not sure about what to suggest you regarding switching the attorney again. See with him for some more time and decide accordingly. |
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jeorge
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| Posted: Sat Sep 20, 2008 5:31 pm Post subject: |
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" Should i go back with the first lawyer i had? Im worried someone said the insurance dont take settlement lawyers serious is that true? "
Who even said that ??
There is nothing like this, just be cool, if you have any thing against the rule of theur agreement, you can case on them, but if it is liek you wanna case for situations that are out of th elicence agreement, then it is like " dont take settlement lawyers serious "
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glen
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| Posted: Sun Sep 21, 2008 11:09 am Post subject: |
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glen, I didn't understand one bit of this... | Quote: | | There is nothing like this, just be cool, if you have any thing against the rule of theur agreement, you can case on them, but if it is liek you wanna case for situations that are out of th elicence agreement, then it is like " dont take settlement lawyers serious " |
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Mon Sep 22, 2008 6:33 am Post subject: |
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| Quote: | | " Should i go back with the first lawyer i had? Im worried someone said the insurance dont take settlement lawyers serious is that true? " |
I seriously doubt this comment. There is no reason why the insurance company will not take the lawyer seriously. IMO the insurance companies too, by all means, try to avoid the involvement of an attorney in the claim process, mostly because it lengthens the claim process and also increases the costs of claim settlement.
However, I too am at loss regarding the second paragraph of your posts ( Lori had mentioned it already). Please, try to explain in legible language. |
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jeorge
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| Posted: Sat May 02, 2009 6:56 pm Post subject: |
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| I was also involved in a slip and fall accident, but unlike your case the stores corporate office did not want to be nice, in fact they did not even ask how I was or that they were sorry. Had they been nice and offered to pay the medical I would not be suing them. I currently have $54,000 in medical and we have been through discovery, interrogatories, depositions. At my deposition, the store attorney told my attorney that the store knows they have a major problem with my case and they want to settle sooner rather than later. We were waiting till medical was close to 100%. We are now getting ready for settlement hearing and if they do not go for the money amount my attorney has figured then my attorney said he is ready to go right to trial. I am guessing this is good. Attorney said we want high 6 figures but I do not have any idea what that is and what exactly comes out of it. |
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tenderHeartBabies
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| Posted: Mon May 04, 2009 9:35 pm Post subject: |
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If you are easily offended, don't even bother reading the rest of my post / rant! What ever happened to people taking responsibility for themselves? How many of these slip and fall incidents are because someone isn't paying attention? These lawsuits have gotten seriously out of hand...and to ask for HIGH SIX FIGURES?? Medical bills of $54,000 amazes me...I can't imagine how bad your fall must have been and I hope you're ok. That being said, I think attorneys and greedy people need to be controlled.
Insurance Adjusters are not going to fail to take a lawyer seriously, UNLESS you have absolutely no case. If you have a good case...then your lawyer should feel confident about advancing you some money. Trust me...ambulance chasing lawyers are used to being asked for advances...because they normally go after lower income people and promise huge rewards.
Hope everybody has recuperated from their falls...and watch out for that water. |
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ChrisBantly
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| Posted: Mon May 04, 2009 10:11 pm Post subject: |
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WOW, you sound like you fell and they proved that you faked your own fall. Well guess what? I did not. I have a permanent injury to my back and I have permanent nerve damage to my hand. I did not hire some ambulance chasing attorney but I am thankful that I hired a good one.
Because of the damage to my back I can only sit about an hour before the pain starts and gets worse. My job requires me to be on the computer ALL day. I am lucky enough to have a boss who understands that I can not do the work all day and has let me stay in my job. He paid me 6 months at full salary and they reduced it only by $1OO a week even though I was working 3 to 4 hours a few days a week. After a year my salary was cut to half and I am still thankful I get that. Let me tell you the store where I fell was TOLD to clean the dirt and debris from around the ice machine coils because it could cause it to leak. They did not heed that advise and the machine was leaking through the caked dirt and crud at the coils under the machine. The repair man said in his statement the machine had been leaking for a while because of all the water under and surrounding the machine. You are right in one thing.... I am offended by your suggestion at I am just money hungry. I would gladly take some (NOT all) of the responsiblity for my fall IF I was at fault. The rug (NON-SLIP) in front of their ice machine (which is in the front of their cashiers) was covering a hugh puddle of water, when I stepped on it it when flying and so did I. Believe me, the store attorney told us that the store KNOWS they were at fault. They refused to turn over the store video and the repair records for the ice maching for 6 (SIX) months. Since then their attorney is calling weekly asking if not begging for us to settle. I would suggest you not offend those of us who have injuries that will affect them for the rest of their lives.
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offended by Chris Bantly
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| Posted: Tue May 05, 2009 4:33 am Post subject: |
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I’m with Chris on this one, although it does seems that Tender Heart Babies came up against a store owner that was not doing what they should have been doing and should be compensated appropriately. I do questions the store’s (or their insurance company’s) attorney begging your attorney to settle or telling him that they have a bad case. They just aren’t going to lay their cards on the table like that.
I do get aggravated at stores when I see people walk past yellow warning signs (you know the ones that have a guy “break dancing” on them). Better yet, I have seen people just move them so they can get by with their cart. I also get uptight when people can’t take their cart back to the cart corral, or just push it towards the corral but don’t make sure that it enters the corral and is secure. These are the first people that will submit a claim to the store for a cart that goes into their car.
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Dasfuk
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| Posted: Tue May 05, 2009 10:29 am Post subject: |
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i donot think that's the reason you have yet to receive any response of the insurance company dont take settlement lawyers seriously.
if this lawyer can't help you as you agreed you'd back hire another one to handle this issue. plus if the insurance company did not responsed on time and your injure harmed you more . you can ask more compenstaion from them regarding this issue. |
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tohawk
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| Posted: Tue May 05, 2009 12:35 pm Post subject: |
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| thanks DASFUK for the reply. When I fell at the store there was no warning tape of any kind. After I fell the store general manager told me while I was laying on the floor that the machine had just been worked on. the general manager was very nice and told me he would call me on monday after the easter holiday to see how I was doing, I did not get a call from him by someone in their corporate liability department who was very nasty and would not help at all. Since by Monday I knew I had some serious injuries and I did not have insurance then and only then did I contact a lawyer (who was recommended by the attorney who does the business insurance for the company I work for since he does not handle personal injury) The store attorney told me and my attorney during depositions that the store knows they have a major problem with my case and want it settled SOON. In fact my attorney told her that the medical was not at 100% and store attorney asked him to get letters of future medical so the case could procede to settlement. So I have no doubt that their attorney has called and asked for an early settlement meeting. I have had 2 attorneys tell me that my case is so completely different than the norm because the store was told they they needed to clean under the machine before it caused the coils to leak and they did not and the ice machine leaked and this is the result. I personally think they want to settle my case soon so the bills do not keep adding up. My medical is about 100% and the permanent damage is not good. MY Orthopaedic and the Pain management doctor both say that the injury will cause me pain the rest of my life and will certainly get worse with age. the hand is what it is, NUMB which is not dead just numb and because of that I can not sculpt my minature babies and I can not guilt and I can not do a lot of other things. Sooooooo I am sure their attorney wants to settle this now. Believe me if it were just my attorney he would probably wait. |
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tenderHeartBabies
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