[spcbazwife08]

Hi I slipped at the mall in my city. There was water on the floor and I have 4 witnesses showing it wasn't my fault. Plus the workers said that the water was there for like 20 minutes. Now I have a knee with torn ligaments and on crutches. I can't take care of myself none the less my infant son. Do I got a good case?

[N0help4u]

Yes you should have a good case.
I have heard of people suing and winning even when the business didn't have time to respond and clean spills up.
I would think you need to get a lawyer and have all the paper work from the hospital and any other proof you have.

[JudyKayTee]

Where? I'm an accident investigator. The liability of the store varies by State. In some States the store has to be AWARE of the problem and make no move to correct the condition within a "reasonable period of time." In other words, the store cannot be responsible for a condition it doesn't know exists.

I am talking about your pain and suffering, loss of employment, things like that, NOT your medical bills which the store should "automatically" cover.

What does the store's incident/accident report say?

Do you have the names of the witnesses?

Slip and fall accidents are not slam dunk winners.

[s_cianci]

It does sound like you have a legitimate case for damages ; lost wages, added child care expenses, other incidental expenses resulting from your injury, medical expenses (above and beyond what your insurance covers), possibly pain and suffering, etc. Consult a personal injury attorney to get the ball rolling. Many of them work on a contingency basis and won't require any up-front fees.

[JudyKayTee]

It does sound like you have a legitimate case for damages ; lost wages, added child care expenses, other incidental expenses resulting from your injury, medical expenses (above and beyond what your insurance covers), possibly pain and suffering, etc. Consult a personal injury attorney to get the ball rolling. Many of them work on a contingency basis and won't require any up-front fees.

This would not be a matter for the OP's health insurance to pay. It's an accidental injury and the medical bills would be submitted to the store owner first. There is no "what your health insurance doesn't pay" issue.

Also in any State I know personal injury cases are contingent - it is against the canons of ethics to charge an hourly fee. I notice you say "many" work on contingency. What State are you in where this is allowed?

[laynerd]

This would not be a matter for the OP's health insurance to pay. It's an accidental injury and the medical bills would be submitted to the store owner first. There is no "what your health insurance doesn't pay" issue.

Also in any State I know personal injury cases are contingent - it is against the canons of ethics to charge an hourly fee. I notice you say "many" work on contingency. What State are you in where this is allowed?

While it my be wise to talk to an attorney, it may prove unwise to hire one right now. As most anyone knows, an attorney usually works and charges clients by the hour. It will make no difference if he talks to you for 15 minutes or writes a letter to the store owner where you fell. If it is a large store such as Sears, Lowe's, etc. they will not carry liability insurance, but will be self insured. However, they will reimburse your health insurance provider for your claims, pay any deductables and any copayments. They will usually hold out any payment until they have medical reports from all medical providers and know what cost has been incurred on your part. You may find that you have injuries that cannot be repaired and may require lifetime medical treatment for injuries. When they think they have the necessary information from you, they will likely make you a settlement offer consisting of cost incurred, reimbursement to your health insurance provider plus some award for pain and suffering and any future medical treatment. At this point, you should decide if you want to hire an attorney and pay him his outlandish fees of $200 to $400 per hour! Check the applicable state laws for how long after the accident you have to file a suit in the court system (likely 3 years). Do not let the statue of limitations for filing a law suit expire before contacting an attorney. Furthermore, do not hesitate to tell the store owner that you are not bashful about sueing him. Believe me, he wants a settlement where you will release him from all current and future claims!!

Hope you find this helpful. I recently settled a claim with a large chain where my spouse fell due to plastic banding material on their floor. The settlement included reimbursement of all costs, reimbursement to my health insurance company and a $10K pain and suffering award. Be careful that you do not have a need for lifetime medical treatments, out-of-work lost income and such things. The store owner is liable for all damages, not just the ones he thinks he is liable for.

By the way, do you know what is black and looks good on an attorney?

Answer = doberman

[JudyKayTee]

I'm an accident investigator - I've worked on hundreds of slips and falls. My experience is NOT the same as yours. If it's a personal injury case and the Attorney won't work on a contingency basis, my advice is to walk out of the office and find another Attorney. On the way out the door call the Bar Association and report the Attorney to their Ethics Committee.

I have never seen a case where an Attorney didn't get so much more than was originally offered the Plaintiff that the difference didn't pay his/her fees. In your case, without knowing the extent of the injuries, the cost of the medical treatment, the extent of the pain/suffering it is impossible to know if your settlement was on the high or low end.

I gather from your signature that you have a problem with Attorneys. Bad experience?

[excon]

As most anyone knows, an attorney usually works and charges clients by the hour.

Hell l:

I'm most anyone, and I don't know that... As a matter of fact, as anyone knows, most lawyers DON'T charge for cases like this, unless the lawyer wins.

laynerd, you should immediately seek legal counsel.

excon

[AK lawyer]

...
Also in any State I know personal injury cases are contingent - it is against the canons of ethics to charge an hourly fee.. .

Really? PI attorneys customarily offer contingent fee agreements, but I was unaware that in some places it's required.

You learn something every day, as they say.

Looking at the NY Cannons, I see nothing prohibiting hourly fee arrangements, if the client is so-willing.

Closest thing I can find is this:

EC 2-20
Contingent fee arrangements in civil cases have long been commonly accepted in the United States in proceedings to enforce claims. The historical bases of their acceptance are that (1) they often, and in a variety of circumstances, provide the only practical means by which one having a claim against another can economically afford, finance, and obtain the services of a competent lawyer to prosecute a claim, and (2) a successful prosecution of the claim produces a fund out of which the fee can be paid. Although a lawyer generally should decline to accept employment on a contingent fee basis by one who is able to pay a reasonable fixed fee, it is not necessarily improper for a lawyer, where justified by the particular circumstances of a case, to enter into a contingent fee contract in a civil case with any client who, after being fully informed of all relevant factors, desires that arrangement. Because of the human relationships involved and the unique character of the proceedings, contingent fee arrangements in domestic relations matters are rarely justified. In administrative agency proceedings, contingent fee contracts should be governed by the same considerations as in other civil cases. Public policy properly condemns contingent fee arrangements in criminal cases, largely on the ground that legal services in criminal cases do not produce a fund out of which the fee can be paid.

(emphisis added), which clearly doesn't require the lawyer to offer a contingent fee.

[laynerd]

I'm an accident investigator - I've worked on hundreds of slips and falls. My experience is NOT the same as yours. If it's a personal injury case and the Attorney won't work on a contingency basis, my advice is to walk out of the office and find another Attorney. On the way out the door call the Bar Association and report the Attorney to their Ethics Committee.

I have never seen a case where an Attorney didn't get so much more than was originally offered the Plaintiff that the difference didn't pay his/her fees. In your case, without knowing the extent of the injuries, the cost of the medical treatment, the extent of the pain/suffering it is impossible to know if your settlement was on the high or low end.

I gather from your signature that you have a problem with Attorneys. Bad experience?

I have no problem at all with attorney's. However, I see no reason to hire an attorney until such time as the individual who slipped knows what the store owner will offer in settlement. The issue is not rocket science, but a common sense one. One thing I think we both know is that regardless of whether the attorney accepts the case on contingency, the fact is that plaintiff out-of-pocket cost will be a significant amount of the settlement.

As far as bad experiences with attorney's, I can honestly say that I know no one who has had many positive experiences with an attorney. This is not to say that they do not earn their fees charged as any professial does. I am saying that I hire one when I believe I need one and only after I have asked sufficient questions to determine whether he is an honest, and ethical. Hopefully, you know the difference. In closing I find it amusing that you believe you know what a plaintiff would pocket negotiating on his own versus employing the services of an attorney. One thing we do know is that regardless of the settlement amount with attorney representation, one third or more of the total settlement will be pocketed by the attorney, not the plaintiff.

[laynerd]

Hell l:

I'm most anyone, and I don't know that... As a matter of fact, as anyone knows, most lawyers DON'T charge for cases like this, unless the lawyer wins.

laynerd, you should immediately seek legal counsel.

excon

I think you need a course in law 101. Do you honestly believe that the attorney will work for nothing if he wins the case??

[excon]

I think you need a course in law 101.

Hello again, l:

I think you need a course in reading.

excon

[JudyKayTee]

I think you need a course in law 101. Do you honestly believe that the attorney will work for nothing if he wins the case ??????????????????????????????

And I think you need a course in reading comprehension - I don't read that Excon said an Attorney who "wins" will not charge.

[JudyKayTee]

I have no problem at all with attorney's. However, I see no reason to hire an attorney until such time as the individual who slipped knows what the store owner will offer in settlement. The issue is not rocket science, but a common sense one. One thing I think we both know is that regardless of whether the attorney accepts the case on contingency, the fact is that plaintiff out-of-pocket cost will be a significant amount of the settlement.

As far as bad experiences with attorney's, I can honestly say that I know no one who has had many positive experiences with an attorney. This is not to say that they do not earn their fees charged as any professial does. I am saying that I hire one when I believe I need one and only after I have asked sufficient questions to determine whether he is an honest, and ethical. Hopefully, you know the difference. In closing I find it amusing that you believe you know what a plaintiff would pocket negotiating on his own versus employing the services of an attorney. One thing we do know is that regardless of the settlement amount with attorney representation, one third or more of the total settlement will be pocketed by the attorney, not the plaintiff.

Perhaps your version and mine of what is rocket science and what is not differ. I am interested in how you know how is honest and ethical and who is not. After reading your other thread I suspect the honest and ethical ones agree with you or work for "cheap" and the others are dishonest and unethical. https://www.askmehelpdesk.com/other-...rs-430355.html

If you can't figure out relatively simple estate issues how can you tell which Attorneys are good, bad, indifferent, ethical, unethical and so forth?

And I find it amusing that you assume to know what years of experience have shown me concerning Plaintiffs who settle their own cases vs those who use Attorneys.

As I said above, you are not reading/understanding what is being written. I said that Attorneys get at least 33-1/3% more, which percentage pays their legal fees.

[JudyKayTee]

Really? PI attorneys customarily offer contingent fee agreements, but I was unaware that in some places it's required.
(emphisis added), which clearly doesn't require the lawyer to offer a contingent fee.

You are absolutely correct and I am absolutely incorrect. I am also surprised by your research!

[laynerd]

Perhaps your version and mine of what is rocket science and what is not differ. I am interested in how you know how is honest and ethical and who is not. After reading your other thread I suspect the honest and ethical ones agree with you or work for "cheap" and the others are dishonest and unethical. https://www.askmehelpdesk.com/other-...rs-430355.html

If you can't figure out relatively simple estate issues how can you tell which Attorneys are good, bad, indifferent, ethical, unethical and so forth?

And I find it amusing that you assume to know what years of experience have shown me concerning Plaintiffs who settle their own cases vs those who use Attorneys.

As I said above, you are not reading/understanding what is being written. I said that Attorneys get at least 33-1/3% more, which percentage pays their legal fees.

If you are the brilliant attorney you are and if you are an experienced veteran of Virginia estate/probate law, why don't you answer the simple questions? Is it possible that I may need the advice of a true estate attorney as opposed to one that not only lacks the education/credentials but is completely unqualified in the field? I am curious as to how many "cook book" divorce cases and real estate closings you handled this year.

I believe what started as my sincere advice to the individual who slipped and fell has struck a nerve of an individual with a bit of an ego. Could that be the case? Regardless, your comments no longer merit my time.

[excon]

Regardless, your comments no longer merit my time.

Hello again, l:

What am I, chopped liver? You MISREAD what I wrote, and you went all bonkers over it. Do I merit an apology? Probably not. Later.

excon

[JudyKayTee]

If you are the brilliant attorney you are and if you are an experienced veteran of Virginia estate/probate law, why don't you answer the simple questions? Is it possible that I may need the advice of a true estate attorney as opposed to one that not only lacks the education/credentials but is completely unqualified in the field? I am curious as to how many "cook book" divorce cases and real estate closings you handled this year.

I believe what started out as my sincere advice to the individual who slipped and fell has struck a nerve of an individual with a bit of an ego. Could that be the case? Regardless, your comments no longer merit my time.

I didn't handle a single "cook book" divorce and/or real estate closing this year - 2010. I also didn't handle any last year (2009).

You apparently don't realize that a new year has started and that nowhere have I ever impersonated an Attorney.

I have never said I am a "true estate attorney" or, for that matter, an Attorney of any sort. Once again - you don't seem to be reading what is being written.

Your "sincere advice" was posted on a legal board, not on a "sincere advice" board and, therefore, was not only incorrect, it was inappropriate.

I don't even know why my divorce/real estate experience is a topic on this, a slip and fall thread.