QUESTION

How much is my case worth if I slipped on a wet smooth tile outside a bank?

Asked on Jul 30th, 2013 on Personal Injury - Iowa
More details to this question:
I slipped on a wet smooth tile outside a bank, it had rained earlier in the day. The water was draining onto this tile and when I walked over it I slipped, hit the side of the sidewalk and fell hard. My Medical expenses are around $33,000. I am in so much pain all over. Now my attorney said that my MRI only shows some damage to my neck. I have been dealing with this case since 2009. Today the attorney called me and said the attorney for the insurance company is offering me $15,000. I do not feel my attorney has my best interest at all. He said, "If I could put $5,000 to $10,000 in your pocket would you accept this. NO! I need money for treatment of my pain. The bank had texturized tile except the one I fell on was a smooth surface. He said based on what we can prove you’re not going to get much more than this. He wants me to get back to him by the end of the week, with what my demand or starting point, he needs to work off of. Please help.
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10 ANSWERS

Ronald A. Steinberg
What kind of shoes were you wearing? You were certainly aware that it had been raining. The point being that there is a strong defense to your claim, so the settlement value of the case is not very much. If you ask too much, there is no incentive to settle, because at trial, the jury could find that the accident was your fault for not being careful.
Answered on Sep 11th, 2013 at 12:34 PM

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Edwin K. Niles
You may not have in mind that slip and fall cases are VERY difficult. You must be able to prove that the bank had prior knowledge of the defect. That having been said, I don't see how any lawyer can do a long distance assessment of your case.
Answered on Jul 31st, 2013 at 8:46 PM

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Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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No attorney could render a useful opinion on this matter without having access to a ton of information including, without limitation, your medical bills and records, your attorney's file, and a complete description of the incident and your injuries. If you are not sure your attorney is doing right by you, demand that he give you a copy of your file and take it to another attorney for a second opinion.
Answered on Jul 31st, 2013 at 8:33 PM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
4 Awards
Your attorney has the most knowledge concerning your case and is in the best position to guide you. If you are not happy with his handling of the case, you need to consult with another attorney in person. It is virtually impossible to provide a credible evaluation based on reading a paragraph or two.
Answered on Jul 31st, 2013 at 8:30 PM

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James Eugene Hasser
Listen to what your attorney is telling you. That's why you got him. You can always seek a second opinion, but this service is not the way to go on that. You would need a full review of your file.
Answered on Jul 31st, 2013 at 8:13 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You want us to second-guess the attorney who has been working on this case for years based on one paragraph when we haven't met you, have not seen the file, reviewed the records, attended depositions or done any of the other 1001 chores that goes into a lawsuit. If you do not have confidence in your attorney, you can get another one. You don't even tell us what your injuries are.
Answered on Jul 31st, 2013 at 8:13 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It would be unethical for me to give legal advice to you while you are represented by an attorney. I can make some general observations about personal injury issues. First, in any slip and fall case, one must prove that the premises owner is negligent to recover anything at all. Having smooth tiles may not constitute negligence. If the court finds no negligence, then you would get zero. Also, in a personal injury case, it doesn't matter how bad your back hurts, if you do not have a doctor who will come to court and testify that you have a back injury, and give the diagnosis, such as lumbar strain, herniated disk, etc., then you have no case. I do not know what your doctor will say in court (which is why it is unethical for me to give you advice, I do not know the evidence, your attorney does). Finally, in an accident case, a fair settlement is not based on what you need, but what you can prove. I have had a number of clients turn down settlement offer only to get less in court in a trial because they were focused on what they needed rather than what they could prove.
Answered on Jul 31st, 2013 at 8:11 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Slip and fall cases are difficult. you must prove that this was bank property not public property. You must prove the condition. You must prove causation. you must prove that the condition should have been taken care of b y the bank, that it knew of the condition and did nothing. juries, judges insurance cos and lawyers don't like these cases.get you a good lawyer and do what he tells you to do.
Answered on Jul 31st, 2013 at 4:17 PM

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Personal Injury Law Attorney serving Riverwoods, IL at Barry S. Silver, P.C.
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If you had enough trust to hire the attorney in the 1st place,then you should trust him now. Slip & fall cases are difficult to prove.
Answered on Jul 31st, 2013 at 11:41 AM

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You can't value a case through a free Q&A site. Hire a lawyer and do it the right way. If you aren't confident in your lawyer's opinion then pay for a second opinion.
Answered on Jul 31st, 2013 at 11:39 AM

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