Slip and Fall Injury – Determining whose fault it is

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PostPosted: Fri Oct 02, 2009 11:22 am   Post subject:   

Quote:
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.
Good Atty!


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PostPosted: Sun Oct 04, 2009 11:52 pm   Post subject: Slip and Fall settlements  

I like my attorney. He never pushed for settlement, in fact he told the store's attorney when we did depositions that my medical is not at 100%. It is now and I have permanent back injury and permanent nerve damage in my hand. Sooooo November 2nd is out court ordered Settlement Mediation.



I have no clue what to expect. Can they ask me questions? How many cases normally settle during the Mediation process.



It would be so much easier if they did have a calculator for a base to start, then depending on factors related to your case it could be adjusted.


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PostPosted: Mon Oct 05, 2009 10:54 am   Post subject:   

Quote:
I have no clue what to expect. Can they ask me questions?
I think so, but not about what happened, and the 'types' of questions they ask will likely be answered by your attorney...
Quote:
How many cases normally settle during the Mediation process.


My guess would be the majority, since it's court order, that means the judge really wants it to get handled, if it's a good professional mediator I'll bet you all settle.

Quote:
It would be so much easier if they did have a calculator for a base to start, then depending on factors related to your case it could be adjusted
Well then those 'factors' would take forever Wink





Good luck and let us know how it goes.

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PostPosted: Sat Oct 17, 2009 10:03 pm   Post subject: Slip and Fall  

LORI: thanks. Florida has court ordered mediation and yes we have a good professional mediator. The mediation firm has excellent reviews and rusults.



I am just nerious as all getout. I just keep wondering what the outcome will be and I do pray we settle this in November. My medical is now at $83,000 with $20,000 in lost wages. My pain management doctor has said that I will need treatments for the rest of my life and the nerve damage to my hand is permanent.



My attorney is meeting with us next week to run his initial amunt for settlement will be. I just guess I am curious.



Didn't curiousty KILL the cat?


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PostPosted: Mon Oct 19, 2009 11:14 am   Post subject:   

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Didn't curiousty KILL the cat?
If not, it at least got a limp, out of the dea.. Laughing hang in there, and let us know how it goes. Best of luck.


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PostPosted: Sat Oct 31, 2009 11:28 pm   Post subject: Slip and Fall  

LORI, we are heading to court ordered settlement mediation on MONDAY. I al total ill just thinking about it. If we do not settle we are on trail docket for January. Call of the Calendar is Dec. 18 and we get the date at that time. My attorney says if we do not settle then he has asked for 4 days at trial.



He told me that my husband, Me and himself will be at mediation along with the store's attorney and a store representative and there will also be a person there to discuss structured settlement.



WHAT is that about?


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PostPosted: Sun Nov 01, 2009 12:03 am   Post subject:   

People wondered why the “BIG EVIL“Insurance company has to investigate every case that comes across their desk. If you’re hurt, you should get enough money to pay for the doctor and get back to work!!! You should not get rich quick because you FELL DOWN! Buy a lottery ticket if you want to get money for nothing. If you put as much time into working as you have this case you would not need a hand out!


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PostPosted: Sun Nov 01, 2009 12:09 am   Post subject:   

How often does a slip and fall win in a trial?

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PostPosted: Sun Nov 01, 2009 2:44 pm   Post subject:   

Pat..

Quote:
WHAT is that about?
A structured annutiy, is a way of settlement (also of investment)...Where the carrier purchases say a 100k (spends 100k) on an annuity, it then pays out in installments, you can set up about anything you can imagine, as far as payment plan. In the end you end up with more money, they pay a little less. You can also purchase one yourself with the settlement.
Quote:
How often does a slip and fall win in a trial?
It depends TOTALLY on the facts.


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PostPosted: Fri Jan 01, 2010 8:58 pm   Post subject: slip/fall injury  

On 3-7-07 I fell leaving my workplace. I was working at a medical facility and the snow removal equipment had arrived but had not started to clear the parking lot. I took a couple steps out into the parking lot and my feet flew out from under me, I fell backwards, fell flat on my back and slammed my head backwards on the pavement. I was dazed. A worker come to my aid and said he would go report and get help. I waited a while and nobody come so not thinking clearly I walked to my vehicle, cleared the snow, warmed up the engine and waited some more--still not seeing anyone coming to my aid. Finally after about 20-25 minutes I left and drove home (but not remembering different points along my path). My company finally called me 4 hrs. later and wanted a statement and told me I was authorized to go to the ER to be checked out. Long story short, I have received workers comp but they have recently stopped paying saying that my bills are not injury related even though the drs I am seeing this is their specialty. I have contacted a lawyer for personal injury. My injury was a broken C-2, compressed C5-6 and a pinched nerve down my right arm. I get really bad migraines and ear pain. I was sent back to work 3 mos after my accident even though I was not recovered. I was still going to therapy. I had never been on workers comp and I didn't know that I could fight it. Because of bills, I have been working 40 hrs./wk to help my husband with bills and I am down every night. I am in pain from my day. It has been almost 3 yrs since my accident and the pain of it still feels like yesterday. I suffer post traumatic stress everytime it snows. I used to enjoy this time of year. I have come to dread it. My attorney tells me that because it was fresh snow and there were no hills or peaks in the snow I have no personal injury case---This is my life and I feel like I am all alone. I don't have the chance of getting a settlement for negligence (because if was not cleared)--although the front of the building was cleared because that was a patient entrance. My exit was for employees only. How can I get help?? Would it be negliegence had it been a patient who broke their neck instead of an employee. I am still a person in pain, failing marriage because of it and my life enjoyment is destroyed. What can I do?? Please help a desperate, pained person. Thank you for your consideration in this matter.


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PostPosted: Fri Jan 01, 2010 9:00 pm   Post subject: slip/fall injury  

Please reply to my inquiry as soon as possible. Thanks!


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PostPosted: Fri Jan 01, 2010 11:29 pm   Post subject:   

In many states Workers Comp is an employees sole remedy. This means that as longer as the employer provides workers comp, you cannot sue them for negligence. This differs from state to state. Your other complaint would be directly against the snow removal company. But it sounds like they got out there as quickly as possible in order to remove snow. That is, they did everything they could to make the area safe.



Just because you were injured does not mean someone else is going to take care of your situation. This might sound mean but you live in an area where it snows and there are freezing temps. This is inherently dangerous and you know and accept this. There can only be so much that people can do to prevent an accident from happening.



I'm not saying that WC should have cut you off... I don't know what the situation is there. Three years is a long time to have an ongoing injury. It's also a long time to have stress from the fall.



You could speak to another attorney and see if that person thinks you have some type of case.



I don't have the answers you seek. I'd recommend searching inside yourself for the answers.

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PostPosted: Sat Jan 02, 2010 12:09 am   Post subject:   

Ronda, I'm afraid I'm not going to give you the answer you WANT either.



Just because we fall or get injured isn't always the fault of another nor are we due a large amount of money from this.



Just so you don't think I'm some hard hearted adjuster, that has no idea how you've suffered....I've gotten hurt badly as well have three fractured vert. multiple herniated discs, bone spurs and pain daily, for over five years, (not to mention an entire week of 'bad hair days" Wink ). But you make a CHOICE about how you deal with it...(on an emotional level). Have the docs done all they can? There are pain management docs that can help with the daily stuff..then you CHOSE...whine and cry about it, blame others, or get up and make the best out of the life you have. Real good trick is doing something for others..it takes your mind off of your own pain..I swear it works, try it..



Let me give you a slight taste of what a defense attorney would ask you...



So you lived in a 'snow state' for how long?

It was forecast to snow that day right?

Have you ever walked in fresh snow before?

Had it quit snowing? If so how long prior to your fall?

Should the snow removal company have cleaned off the walk you were on first Ronda, rather than the one that sick or injured people were traveling on? The can only clean one at a time you know.

What kind of shoes did you have on Ronda?

Did anyone else fall that day anyone?

So you were the ONLY one that couldn't walk without falling?

Have you ever walked out this door after a snow?



See where I'm going?





Another point, lets say that it snowed while you and your husband and kids were at work...BEFORE you could get home and clean the walk someone fell. Now they are going to sue you for their horrific injury...What did you do wrong in this scenerio? Kind of the same thing right?



You can contine to consult other attorneys, but I think maybe seeking some help, (if you can't pull your own self up by the boot straps, smack yourself around a little, count your blessings, and get on with life), dealing with this and fixing your marriage would be of greater benefit.



To have 'post traumatic stress' from the snow and your fall are I'm sorry, just silly, and frankly very self indulgent...and for this to endanger your marriage.. Confused I'm sorry but I think T hit the nail on the head with this statement



Quote:
I don't have the answers you seek. I'd recommend searching inside yourself for the answers.


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PostPosted: Wed Jan 20, 2010 6:11 pm   Post subject:   

I slip and fell in walmart a coke a cola machine had a leak walmart says they r not responsible for the repair of coke cola machines so my lawyer is suing coke cola coke cola says they only can do 5o% because walmart should have cleaned the spill so this is a waitin process for me.


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PostPosted: Thu Jan 21, 2010 12:17 pm   Post subject:   

Yep, it is an a good attorney will bring the manufactor of the machine, the syrup, and any other deep pocket he can find..If your attorney isn't I'd find another.



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