QUESTION
Do I have a good case and if I do, how much should my lawyer demand from the insurance company?
Asked on Jun 19th, 2013 on Personal Injury - Michigan
More details to this question:
I fell and broke both bones in my wrist on the upstairs deck of the house I was renting. The landlord lives downstairs. My injury required surgery (pins and screws). There was never a building permit for this balcony and it was very slippery from frost on the morning I fell. The wood of the deck was untreated and no skid protectors on the steps. I had been living here for two years and when my accident happened, the landlord promptly told me that I had two weeks to move out. This has really been a hardship. I lost my job, vehicle, and my place to stay. The landlord has Homeowner's Insurance and my lawyer has just started to submit the medical bills to the insurance adjuster. The Insurance company has not responded as of yet that they are taking any responsibility for my compensation. My lawyer has told me that this is typical and that the case may end up in court. The medical bills are around $25,000. I have lost wages, pain and suffering, etc and I want compensation for this as the injury has affected my life and my livelihood. My questions are: Do I have a good case and if I do, how much should my lawyer demand from the insurance company? Also, how long does it typically take to recover compensation in this type of case?
9 ANSWERS
Ronald A. Steinberg
Your case sucks. You had been living there long enough to know about the frost.
Answered on Jun 22nd, 2013 at 6:58 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I cannot give you specific advice since you have an attorney I can talk about personal injury law in general. Cases where liability is clear are easier to settle than cases where it is unclear. From what you described, I think liability may be iffy, unless there are building code violations that contributed to your fall. Second, if you are still being treated by a doctor, it is too early to begin discussing how much to ask for, because you do not yet know what type permanent impairment you will have. The good news is that there is likely plenty of insurance to cover whatever damages you can establish. I would expect the shortest time a case like this could be settled after you are released from medical treatment is six months. If you have to go to trial, which is always a possibility, it could take as much as 4 years or more. Usually, the more money you want to get, the harder and longer the fight. Insurers do not just hand over large sums of money without a long drawn out fight.
Answered on Jun 22nd, 2013 at 4:08 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have what is called a slip and fall case. No one likes those cases. Not judges, not juries, not lawyers, not insurance companies you fell on your own deck. Why do you think someone owes you anything? You will have to prove it was the landlords fault and that you had no part in it. that may be hard since it was your deck and you are supposed to be careful. Talk to your lawyer about how hard this case is going to be there is a rule called "open and obvious". If the problem is open and obvious then it is your duty to avoid the problem.
Answered on Jun 21st, 2013 at 11:17 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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From what you describe, it's an okay case but not a great one. Don't ask me to second-guess your lawyer. That's unfair, unwise and just not right. Even if I were willing to do so, I'd need a lot more information. Your lawyer does need to find out what the landlord's insurance policy limits are, that might be the place to begin.
Answered on Jun 21st, 2013 at 11:17 AM
What do they say? If you are trying to get a second opinion, as it appears you are, you need to present more facts as to how the accident occurred, how the landlord is negligent, and what your injuries are as to pain, future medical treatment, disability, etc. If you live in California the landlord has to give you thirty days written notice if on a month to month lease. I do not understand why a balcony would have steps on it. Any attorney would need more information in order to determine if there is liability.
Answered on Jun 20th, 2013 at 8:45 PM
Without knowing more I can not evaluate the liability question and in Iowa you would have some fault assigned to you. How much? I'm not sure, but that percent will reduce your damage award.
Answered on Jun 20th, 2013 at 8:44 PM
1 Award
The facts will determine whether your case is a good one or not. You will be forced to prove that your injuries were caused by a defect in the property and that the landlord's negligence was more a cause of your injury than your own negligence. After all, you had lived there for two years at the time of the accident. If there are some good facts that would help your case, you might be able to win it. If not, it might be tough. Your injuries and resulting damages are serious, so if you can win the case, you should recover pretty good compensation. Remember, though, that the damages determined by a jury would be reduced by your percentage of negligence, assuming the landlord is found to have been at least 50% at fault. Thus, if the jury determines you were 55% at fault and the landlord 45% at fault, you lose the case. If the jury determines you were 45% at fault and the landlord 55%, you would then receive 55% of the damages determined by the jury, since the damages would be reduced by your 45% of the causal negligence.
Answered on Jun 20th, 2013 at 8:44 PM
James Eugene Hasser
Ask your lawyer that question and follow his or her advice. That's what you got a lawyer for. Good luck.
Answered on Jun 20th, 2013 at 8:44 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Why don't you ask your lawyer? Isn't that why you hired the lawyer in the 1st place? Ask them what they see as the strengths and weaknesses of your case; what their strategy is for handling the case; what their best opinion is as to the range of settlement values/verdict possibilities; and any other questions you want answered. The Michigan Rules of Professional Conduct require your lawyer to keep you advised of the progress of your case and to explain your matter in an understandable fashion. If you believe your lawyer is not giving you the straight scoop and/or are concerned about the advice you are being given, you can seek a 2nd opinion by asking another lawyer to look over your lawyer's file (this could create a trust problem between you and your lawyer) or ask your lawyer if he/she would mind you getting a 2nd opinion (most reputable lawyers don't mind if you do this, although they may be a bit aggravated).
Answered on Jun 20th, 2013 at 7:32 PM