Slip and Fall Injury Determining whose fault it is

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PostPosted: Tue Aug 17, 2010 1:55 am   Post subject:   

Quote:
and the Store offered NOTHING. they were taking a hard line that they had an ademitity agreement with the Refrigeration Co and was not willing to offer not one penny
I think they had an Indemnification Agreement and probably also a Hold Harmless Agreement as part of their contract. This creates another level... this does not change their liability to you. They can still have liability to you. What this changes is that they are saying to the refridge company, you need to address out liability as well. Of course the refridge company company is not going to be willing to do that. They are going to come up with a list of reason's why it does not apply. From the stores perspective, they might not be found liable in court (court is _always_ a roll of the dice). Then, if they are found liable they and they pay, they are then going to seek recovery of that money from the refridge company. But seeking recovery is more difficult and _more costly_ to them then just "resisting" payment now. They would rather put the screws to the refridge company with all of their "outs" in this matter.



IMHO your attorney _really_ screwed up in not bringing in the refridge company to start with. The stores attorney _also_ screwed up in not bringing them in. This wasted everyone's time from the start. I'm betting the adjuster for the store screwed up as getting all contracts and reviewing them should have been 1st on the list of things to do.



It's all a _big_ tug of war. As you can see... it's "complicated". This is why things take awhile to settle. Each party (defendants and plaintiff) always thinks that they have a great case. Sometimes it takes a 3rd party to push them toward a settlement.
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PostPosted: Tue Aug 17, 2010 10:23 pm   Post subject: Slip and Fall  

TCOPE

I agree it gets complicated. Well hopefully it is one the right track NOW. The judge has told the store that they breached their contract with the Refrigeration Co because the agreement was that the store would provide a drain pan under the ice machine, they did not. the refrigeration Co is negligent because they did not maintain the ice machine causing the coils to become caked with dirt and debris, causing the condenser to over heat, melting the ice causing the leak. the store is also negligent because they did not have the drain pan under the machine to catch the leaking water (as per their agreement). They store also destroyed the rug that slid out from under me and my attorney filled the spoliation motion with the Refrigeration Co ajoining our motion. Our expert Refrigeration engineer wanted it as did the Ref. Co expert but the store got rid of it. The judge says he will rule on it later after the store questions our experts.



I am hoping with what the judge had to say to the store and to the refrigeration company..... we will eventually get this settled. I have permanent nerve damage in my arm, causing pain from elbow to fingers and permanently numb hand, permanent disk damage in my back causing bad sciatica and lumbago pain, a cist at my tailbone caused by the fall and another at my wrist where I hit the floor. I am more than sure that all my doctors want to be paid.



Do you know what percentage the medical normally settles for?

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PostPosted: Tue Sep 21, 2010 11:36 pm   Post subject: slip and fall  

I slipped and fell in a Las Vegas hotel lobby. I fell pretty hard, twisting my back and right ankle. My left leg had a softball size bruise on it it the next day as when I fell my purse went under my leg. I didn't feel at the time I needed medical attention. Could not sleep the next three days I was there and was extremely store. When I returned home (I was there on business) I could not miss work due to budget hearings, etc. I called my doctor on Monday and was told he would be out of the office. So I used heat pads and ice at different intervals. Due to more commitment at work, I could not take off. Still very much in pain, I had business to do in town so I went by the doctor's office only to be told he was gone again. It took me well over a month to get help. Two visits and I'm not going to say I was as good as new but I had no pain. (Chiropractor) I lost several days off of work, not being able to get up for the pain, submitted all of the paperwork to the "third party" insurance company for my missed days and two visits, which my doctor I think felt I should go more but I could not afford to pay my co-pay 3-4 times a week. My question is doesn't the insurance have to reimburse me for my PTO time and comp time I had to take off, as well as my copays? What about the pain and suffering I had to go through? Also the insurance co. told me that the clerk at the hotel admitted to knowing the spill had occured 10 minutes prior to me falling but failed to call someone to clean it up.....can you advise?


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PostPosted: Thu Sep 23, 2010 3:13 am   Post subject:   

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Also the insurance co. told me that the clerk at the hotel admitted to knowing the spill had occured 10 minutes prior to me falling but failed to call someone to clean it up.....can you advise?




Well, if they've admitted it, send in your claim with all the appropriate documentation, and wait for their response.



It will either be a letter with a request for your signature on a document accepting whatever offer they are willing to make, and releasing them from all future claims, in which case they will send a check in a few more days, or it will be a letter denying your claim, and there won't be any money coming.



Then you can decide if you want to go to all the trouble to try to sue them in civil court or not. That will probably require an attorney, who will cut himself in to the tune of 30%-40% of whatever settlement he can obtain.


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PostPosted: Tue Nov 23, 2010 2:10 am   Post subject: Slip and Fall Injury  

Just figured I would add and update on my Slip and Fall case. We finally SETTLED. Yipeeee. I an totally glad it is finally over.



The store and the refrigeration company had a big ugly meeting and my attorney said it got really bad, yelling and screaming between the store and the ref co. The store finally told them that they had better handle this lawsuit or else. meaning they were going to yank all their contracts from the refrigeration company. I guess the Ref Co figured it would be cheaper to settle with me.

1 week after the meeting we came to a settlement agreement.

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PostPosted: Tue Dec 07, 2010 4:10 pm   Post subject: Slip and Fall  

Just thought I would let everyone know that we FINALLY settled my lawsuit. What everyone says is true that you are not totally happy with the settlement. We gave a little and they gave a little and we finally met in the middle. I am glad we are not going to have to go through with a trial. I hope everyone who is going through a personal injury case just hangs in there.

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PostPosted: Tue Dec 07, 2010 6:18 pm   Post subject:   

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What everyone says is true that you are not totally happy with the settlement.




If it was that easy, the lawyers would never get involved.



Congratulations for not giving up or giving in! Knowing now what was involved over all those months, do you have any recommendations for others facing a similar situation that you would care to pass on?


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PostPosted: Thu Dec 09, 2010 8:42 am   Post subject: pain and suffering  

on feb 2010 I was on vacation in new orlreans, I stay at the hitlon hotel, I went to use the bathroom and slip and head my head on the back of the tollet and injury my neck and back, after returning back home in texas I went to the doctor right away and started therpy on my neck and back fron feb through july 2010 and send in all y paper work, tell me how much should I ask for in pain and suffering


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PostPosted: Thu Dec 09, 2010 8:47 am   Post subject: pain and suffering  

on feb 2010 I was on vacation in new orlreans, I stay at the hitlon hotel, I went to use the bathroom and slip and head my head on the back of the tollet and injury my neck and back, after returning back home in texas I went to the doctor right away and started therpy on my neck and back fron feb through july 2010 and send in all y paper work, tell me how much should I ask for in pain and suffering


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PostPosted: Sat Dec 11, 2010 5:00 pm   Post subject: injury claim advice  

i can advice a little bit here, i've done this before and i'm asking lot of question the same as your problem.Then somebody give me an advice.

injury claim advice

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PostPosted: Sat Dec 11, 2010 7:15 pm   Post subject:   

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tell me how much should I ask for in pain and suffering
People fall... why should you be paid for it?
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PostPosted: Wed Dec 15, 2010 4:20 pm   Post subject: Slip and Fall  

MESSAGE TO TCOPE: I agree, not everyone who falls should be paid because they fell. BUT those who do fall because someone was negliant should be paid not only for their medical but also for their pain and suffering. In my case, my attorney proved that both parties were at fault. the store got out of paying only because of their agreement with the Refrigeration Company.



I can give a few pieces of advice based on my experience.

1) Ask questions. No question is stupid, if you want to know the answer ASK.

2) Make sure your attorney (if you have one) stays in touch every step of the way.

3) If you are self employed, it is a lot harder to get lost wages or loss of future earnings. It is not impossible but it is harder because they will come in and audit your books.

4) Never take no for a final answer.

5) Do not let the other party rush you into a settlement. the store where I fell offered $20,000 even though my past medical was $110,000.

6) THIS IS A BIGGIE: If you are injured, make sure you get treated by good doctors. ALSO get 2nd opinions. Do not just go to a chiropractor and think you are going to get a good settlement, that will not happen.

7) Make sure you keep all appointments with your attorney, depo's, and appointments for you to see the other parties doctors. They will require you to see other doctors.

Cool If you need help filling out the Interrogitories, have your attorney help you or some one who knows. My attorney crossed out several of their questions. Like on mine they wanted me to list every doctor and hospital I had ever been to my whole life (55 years). My attorney said NO for me to only list those I have seen since I was injured.

9) FINALLY You have to be patient. Mine settle in just under 3 years.

10) Post Settlement - All things are negoiatiable



Good luck

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PostPosted: Wed Dec 15, 2010 4:45 pm   Post subject:   

Pattycake,



I think what Tcope was getting at was this person was in her bathroom in her hotel room. You'd be surprised how many claims are made for people falling in hotel bathrooms. Unless the tile is slippery by nature or the floor of the tub isn't equipped with a non-skid surface....you are basically in your bathroom. If there is water on the floor...guess what you most likely put it there.



Your case....that's different. And it sounds like it was a pain in the rump roast for all involved.



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PostPosted: Wed Dec 15, 2010 7:14 pm   Post subject:   

Hey, Dasfuk . . .



Have a Merry Christmas!



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PostPosted: Thu Jan 06, 2011 3:47 am   Post subject: adjusters question  

a defective release can expose the adjuster who took the release to a claim for damages .A release may be defective due to reasons such as :Except

1-GENERAL RELEASE IS USED WHICH DOES NOT CONTAIN AN IDENTIFICATION AGREEMENT

2-NOT ALL TORTFEASORS TO BE RELEASED ARE SPECIFICALLY NAMED

3-A GENERAL RELEASE IS USED TO SETTLE PROPERTY DAMAGE IN A NO FAULT STATE, WHERE THE ADJUSTER KNOWS THE RE LEASER IS ALSO BEING REIMBURSED FOR THE INJURIES BY HIS OR HER INSURER

4-ALTHOUGH LIABILITY IS CLEAR AND INJURY SEVERE, THE SETTLEMENT IS ONLY FOR DISCOMFORT AND INCONVENIENCE, BECAUSE ALL OF THE CLAIMANTS MEDICALS WERE PAID BY ANOTHER INSURER WHO HAS NO RIGHT OF SUBROGATION.

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