Slip and Fall Injury Determining whose fault it is

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PostPosted: Mon Feb 01, 2010 10:21 am   Post subject: SLIP AT DRUG STORE  

I FELL AT A MAJOR DRUG STORE DUE TO THERE NEGELENCE. THERE RISK MANAGEMENT SENT ME A QUESTIONARE WITH A LOT OF PERSONAL QUESTIONS. DO I HAVE TO DISCLOSE ALL THIS INFO JUST TO NOGOTIATE A SETTLEMENT


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PostPosted: Mon Feb 01, 2010 11:55 am   Post subject:   

It depends on what these questions are...some personal question do have to be answered, some do not..sorry but your question is too vague. try again. what are the questions you do not want to answer?



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PostPosted: Sat Feb 13, 2010 6:09 pm   Post subject: Fell on a bussiness"s walkway  

I slipped on a walkway during a snow storm, the walkway is constructed with 4"X4" tiles. I would think that these tiles should not be used ,due to the fact that they get very dangerous in rainy or snowy conditions. After I fell the manager came out very rude and told me to leave the property at once because she was calling the police. My witness and myself informed her that we already called 911. She the manager then walked away with an employee. After the police came, she came out extremely nasty and said WHATS YOUR NAME. I refused to give her my name and directed he to talk to the police, and that I had nothing more to dicuss with he because of her attitude toward me "a regular customer" and that an attorney will be in contact with her boss.Was this the right thing to do..


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PostPosted: Sat Feb 13, 2010 6:13 pm   Post subject:   

What would be "right" or "wrong" about it?



While I don't know what exactly happened, why would a manager just come out and yell at you for slipping and becoming hurt? I'm thinking there is a little more to this.

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PostPosted: Sat Feb 13, 2010 10:17 pm   Post subject:   

Doesn't make sense....was there some screaming/yelling/cussing maybe by you and/or your friend before the manager came out? Or loud comments to other customers? I've frankly never heard of anyone calling 911 because they fell ? Confused And you say you did that BEFORE the manager came out...? What's with that? And you told them your attorney would be in touch, BEFORE knowing what they would do for you? Have you EVER EVER fell before ANYWHERE?



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PostPosted: Tue Mar 16, 2010 6:08 pm   Post subject: slip and fall major chain grocery; health ins. costs  

I am writing in for a senior friend who had a slip & fall recently at Von's. Von's has written to him asking for his medical expenses...

He has about $6,000 to $8,000 worth of medical expenses, and he does not expect any future problems resulting from the incident.

He doesn't know whether to hire an attorney (contingency based at 33% of settlement).

He has health insurance coverage; and so is NOT expecting to have to pay himself for Firetruck to emergency room (which Von's called); nor for CAT scan or other stuff. I do not understand how a settlement with Von's affects that. Suppose they offer to cover medical bills plus some. Upon receiving a check in settlement of the claim, is my friend supposed to then pay his medical insurance company (blue shield & medicare) for the costs they laid out?

If he hires a lawyer (who gets 33% of settlement), and then he is required to reimburse his medical insurers, he will wind up with nothing. How does this work?

Does he need a lawyer?

Thanks for your attention, Goldfish Rolling Eyes


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PostPosted: Tue Mar 16, 2010 7:06 pm   Post subject:   

Some states allow double dipping (to collect from two different insurance polices for the same loss). If your friends state does not, his health carrier may want to be paid back. Even if they can request payment back, some health carriers just don't actively pursue recovery. If they do pursue recovery and your friend needs to pay them back, what they want can almost alway be negotiated down.



If your friend uses an attorney, the attorney takes 33% of the settlement amount, your friend may also be required to pay the heath carrier back and then your friend gets what is left. A good attorney will usually settle with the liability carrier based on what the medical bills are and then, negotiate down what is owed back to the health carrier. Again, anyone can negotiate this amount down if it needs to be paid back.

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PostPosted: Wed Mar 17, 2010 12:00 am   Post subject:   

T...don't forget medicare is a completely different animal...Goldfish the adjuster will know what they have to do..if medicare has paid ANY of these bills...you can bet they will want their money back..



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PostPosted: Fri Apr 23, 2010 9:25 pm   Post subject: slip and fell  

Hi my name is april and I fell back in 2004 in a store at that time it didn't hurt but now am in much pain I feel like a car run over me how long do I have to sue or if I can do somethimg stll please help email me for suggestions at april22rendon@aol.com thanks


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PostPosted: Mon Jun 14, 2010 9:38 pm   Post subject: slip/fall  

i fell down sone outside basement steps where i used to live. i went down them because i needed to see what was in my basement that i would have to pack, or remove, the steps were in horrible condition, and my l/lord was always saying he was going to fix them and other things in my house, but ,NEVER FIXED ANYTHING. I had a mild concussion, hurt my back, and shoulder. i had shoulder surgery in late ja. of this year. i just want to know if my case will be hard to win? ty


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PostPosted: Mon Jun 14, 2010 10:00 pm   Post subject:   

Quote:
i just want to know if my case will be hard to win?
Can say hard or easy but there are some factors to look at....



Landlord had constructive notice that the stairs were a danger and did not correct them in a reasonable time frame. Landlord owes a higher duty of care to a tenant.



Danger was open and obvious to you (you knew the state they were in and you placed yourself in danger.



There are _many_ other factors that some into play... the main one is actually seeing the stairs and what they looked like.
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PostPosted: Mon Jun 14, 2010 10:07 pm   Post subject: slip/fall  

yes,i knew they were in bad shape, i actually felt a piece of the stairs break under my foot. i DID NOT know that would happen. i mean,,how could i have known they would fall apart under my feet?

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PostPosted: Mon Jun 14, 2010 10:12 pm   Post subject:   

Quote:
. i just want to know if my case will be hard to win? ty


What does your attorney say? How many times (prior to the fall) had you been up and down those steps?


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PostPosted: Mon Jun 14, 2010 10:16 pm   Post subject: slip/fall  

my attorney says that my fall was TOTALLY AVOIDABLE if my l/lord would have fixed them. and, i lived there 2 yrs. and i only went down them when i had to.

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PostPosted: Mon Jun 14, 2010 10:44 pm   Post subject: slip/fall  

so, does that make a difference? that. i lived there 2 yrs. asked l/lord SEVERAL times to fix them and put a door over them, ppl were always scared they were gonna fall down that hole leading to my basement. i had to watch my grandbabies very closely.

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