Slip and Fall Injury Determining whose fault it is

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PostPosted: Sat May 02, 2009 12:46 pm   Post subject:   

THanks for the update, let us know how it goes...your atty STILL hasn't given you a range? Remember of course that if he files suit (and his first demand) will be way above what he is hoping you will get...but he/she should've by now had a some frank discussions with you regarding what he feels your injury will bring



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PostPosted: Mon May 04, 2009 10:49 pm   Post subject:   

LORI, We are going to mediation 2nd week of July. Attorney is currently put a number together and he has told me that he is looking into the high six figures. I am not sure how it works. If he is wanting the high 6 figures, I assume he asks for way more than that and they do offer/counter offer till my attorney agrees. My attorney is ready to go to court if them can not come to terms. He said trial would be in September if it comes to that. He does not think so because the store attorney has been calling him to beg for early Mediation meeting. Is that a good thing?

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PostPosted: Tue May 05, 2009 10:18 am   Post subject:   

Hi tenderHeartBabies..



Quote:
Attorney is currently puting a figure on the lawsuit.
Did he explain things to you in detail?



Quote:
Attorney is currently put a number together and he has told me that he is looking into the high six figures.


Remembering the kind of injuries you've had..I hope it would be a fair settlement. But I'd feel the things are still not clear at your end. Make sure that he's showing you through the right direction.



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PostPosted: Wed May 06, 2009 2:48 pm   Post subject:   

Hi tenderHeartBabies,



I guess the outcome of an early mediation meeting could only show you whether its going for good. I'd personally feel that an early mediation meeting is called only when someone's eager to go for an early settlement. Don't you feel the same? Roddick

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PostPosted: Sun Jul 05, 2009 5:58 am   Post subject: slip and fall at a moving company  

I was asked to come to the location after a hurricane to remove my items at the location. I fell at the location onto a metal roofing part that was still laying on the ground from the debris. I have had a EMG on my hand to see if I was developing carpal tunnel syndrome. This happen back in Oct. 2008. They sent me a letter stating they would send me out a check for $650, if I don't hold them liable for anymore damages. My lawyer & I will be sitting down to discuss my demands. What do you think I should ask for in my demands?


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PostPosted: Mon Jul 06, 2009 4:53 am   Post subject:   

Hi Innocent victim,



Who is this other party you are referring to? And,



Quote:
They sent me a letter stating they would send me out a check for $650, if I don't hold them liable for anymore damages.




Please clarify this statement too.



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PostPosted: Mon Jul 13, 2009 10:32 pm   Post subject: Slip and Fall  

Just thought I would keep all of you up to date. We have not settled our case yet. The Refrigeration company has been brought into the lawsuit, not by my attorney but by the store. I have had am exam but the stores orthopaetic doctor and I have been evaluated by a Occupational rehabilitation expert. We have a Settlement Mediation meeting in October and if we do not settle we are on the trial docket for January. It is what it is. I was hoping for early closure but looks like it could be October or January.


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PostPosted: Mon Jul 13, 2009 11:16 pm   Post subject:   

Hang in there, rarely does getting into a hurry with injury settlement pay off in the long run...thanks for keeping us in the loop...let us know your outcome..and good luck!



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PostPosted: Sat Sep 12, 2009 3:42 pm   Post subject: slip and fall  

4 years ago I was injuried in a slip and fall, I fell on water and blood from them cleaning out a meat tray along with the power going out. I got an attorney and was going for 250,000 for loss wages and pain and suffering, went to a meeting with the other attorney and they only want to offer 20,000

then we went back to meet again asking for 125,000 and they said 30,000 now this is after I lost 3 years of earnings and I fractured my tailbone and twisted my back and have over 50,000 in medical bills and still have

trouble with my back as far as standing and sitting and

when the weather changes and bending over and they only want to offer that, I guess they think because they are a big store they can push little people around like us. Does any one have any ideal what to ask for, we go to court in 3 weeks and it will be at least 3 day trial. Please give me any advice you might have, thanks


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PostPosted: Sun Sep 13, 2009 12:47 pm   Post subject:   

little people, this is what you are paying your attorney a whopping 1/3-1/2 of your settlement for...He/she should know what your injury is worth.



Let me ask you a few questions, to try and understand why there is such a huge difference. What type of treatment did you receive for your injury? Are you collecting some type of disability? SS or private? Where did you work or what type of work did you do prior to this? Have you EVER had another injury to your back, or EVER had another slip and fall claim?



I would say on the surface, that this store's insurance company feels pretty strongly that they can win a judgement will be closer to their dollar amount than yours or they wouldn't allow this to go to trial.



One more thing. IMO, for your attorney to drop or counter their offer by cutting yours in half, (on the first counter offer) indicates to me (and probably the stores atty's) that he/she knew that you both were WAY out of line on that first offer of settlement (250k-125k?)...



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PostPosted: Mon Sep 14, 2009 11:10 pm   Post subject:   

I am not collecting anything, I sit at a desk and I have pain management with trigger shots in back and lower legs, I have never hurt my back or even had a slip and fall til now. My lawyer feels we are both 50/50 because they are aware they had something on the floor but I did not see the cones.


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PostPosted: Tue Sep 15, 2009 11:06 am   Post subject:   

Quote:
My lawyer feels we are both 50/50 because they are aware they had something on the floor but I did not see the cones.
makes alittle more sense to me now (why you are so far apart). The store is hanging their hat on the fact, they can convince a jury you were the majority at fault for you injury, I'll bet.


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PostPosted: Thu Sep 17, 2009 6:28 pm   Post subject: range  

I know you are looking for an answer. Take your medical, figure 3 to 5 times that for your settlement. Thats what the ins co will be thinking, even if they wont say it. 50k in meds, $250k (plus lost wages) would be a windfall. Remember, the only place the insurance co doesnt deciede what they will pay you is in court! Understand your attorney gains be settling sooner, you lose. Have all your meds complete before negotiating anything!! Good grief, thats lesson #1. Future value is a fairy tale, it will never be valued near actual as a future value. Until my treatment is completed, I would be saying over and over, I just want my day in court! That will inflate the value faster than anything else! Good luck and remember, those ins co do this every day, your attorney not so much. He makes money by settling low at your expense so he can do 10 of these a month. They will never pay you what its worth, only the min they can get away with. Dont let em snow you, but be realistic.


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PostPosted: Fri Sep 18, 2009 10:57 am   Post subject:   

Quote:
I know you are looking for an answer. Take your medical, figure 3 to 5 times that for your settlement. Thats what the ins co will be thinking, even if they wont say it
I might've agreed with you 20 years ago. I don't know what carrier you work for that still operates under this philosophy, I'd reallllllllllllly be interested..
Quote:
Future value is a fairy tale,
what?
Quote:
I would be saying over and over, I just want my day in court! That will inflate the value faster than anything else!
AND you work for a carrier that is afraid of attorneys? Really?


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PostPosted: Fri Oct 02, 2009 2:27 am   Post subject: Slip and Fall Settlements  

Just wanted to update you guys on my case. The Settlement meeting that was scheduled for July was Cancelled by the Grocery Store. They are trying to figure out if the Refrigeration Company can be dragged into the lawsuit. My attorney said they just want someone to share in their pain.



So I have continued with treatments. We are into 18 months since I fell. I have had 1 surgery, 3 Nerve tests, 4 steroid injections in my back, 3 session of Phy Therapy, too many to count doctor visits. 1 surgical consult. MY medical is as good as it is going to get.



I had to go for an independant medical opinion for the store. If really REALLY got off on the wrong foot with their doctor insulting my treating orthopaedic, Neurologist and Pain management doctors. Thank goodness my attorney was present and he also brought a court reporter along and she took down everything that was said. Their doctor finally apoligized to my attorney. Too late it is on the record.



Well my attorney got his report ..... their doctor says I have absolutely no injuries. My attorney says he is paid to say that. Said if he really wanted to hurt our case then he would have said he thought my injuries were very minor. Their IMO doctor, that is all he does is lawsuit medical exams and gives a paid opinion. I have 4 doctors disputing his claim,



SOOOOO now a more recent update this week. We are scheduled for court ordered mediation on November 25.... 2 days pass and the store attorney has requested an earlier mediation so we are scheduled for November 2. If we do not settle we are already on the trial docket for January.



I will just be glad when all this is over and done with


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