QUESTION

How much should I expect from falling two stories where I lived in apartment complex?

Asked on Apr 15th, 2013 on Personal Injury - Ohio
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How much should I expect from falling two stories where I lived in apartment complex? I landed on concrete feet first. What is the average percentage attorneys charge?
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15 ANSWERS

Ronald A. Steinberg
Did you jump? Were you pushed? Who are you going to sue, and under what theory? To me, it sounds like a baseless case, unless you can come up with some good theory. Attorneys typically charge 1/3 after reimbursing costs. Your case is worth whatever you can prove that it is worth, if you do not get tossed out of court.
Answered on Apr 24th, 2013 at 4:47 PM

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Alexis Anne Plunkett
I cannot answer this question without knowing the sum of your medical bills and how badly you were hurt. More importantly, do you think the apartment complex is liable for your fall? If they are not liable, you will not recover anything at all. Many attorneys who practice plaintiff personal injury charge around a 33% contingency feemeaning that you do not pay them unless you receive a recovery, and then the attorney earns roughly 33% of the recovery.
Answered on Apr 17th, 2013 at 9:53 PM

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The standard contingent fee agreement here in Washington state is 33 -1/3% plus repayment of the costs incurred and advanced for the litigation. How much should you expect? That depends upon what your injuries and damages are, and further depends upon proof of liability on the part of the apartment complex owners and whether or not there was any comparative negligence on your part.
Answered on Apr 17th, 2013 at 9:40 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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In Florida, most attorneys charge 1/3 unless they have to file suit, in which case it goes up to 40%.
Answered on Apr 17th, 2013 at 9:34 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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What injuries did you suffer? What medical treatment did you incur/pay? Are you insured? Any witnesses to the fall? Did you miss time from work? What earnings did you lose? Has you life been altered in any way because of the incident, either temporarily or permanently? These are just some of the questions an attorney would ask to place a value on a case. There is no magical formula allowing an attorney to answer your question. Each case is unique. All of this information is needed to assess value. You can recover medical expenses, lost earnings, and damages for pain, suffering and inconvenience. The latter of those available damages is subjective and depends on the severity of injury, the expenses incurred and paid, the earnings lost and the effect on your life. For personal injury cases fees charged are negotiable, but most lawyers charge 1/3 to start, and may go to 40 or 45% if a lawsuit is filed or if it goes to trial.
Answered on Apr 17th, 2013 at 9:29 PM

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Personal Injury Attorney serving Albuquerque, NM
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The first question that you must consider is Who is at fault for your fall? Unfortunately, you don't give enough facts to help me with this determination. Did the railing fail? Did someone push you? Were you playing around? Was the railing negligently installed? You will need to show fault on the part of another person in order to claim money damages for injuries you sustained because of the fall. If you believe the landlord was at fault, you would need to show that the landlord failed to maintain the property in a safe condition? If you were playing around, you won't have anyone to blame except yourself. You don't automatically get money damages just because you fell. Liability must be proven before damages. You must also consider any waivers you signed in the lease agreement. So, a careful reading of the lease agreement is important as well. Finally most attorneys handling personal injury claims charge a contingency fee rather than an hourly fee. This permits the attorney to get 29% to 40% of the amount they get for you. Our firm charges a discounted 29% attorney fee on cases that settle before a lawsuit is filed. If we don't get you any money, then we don't get paid any attorney fee.
Answered on Apr 17th, 2013 at 9:25 PM

Mark Caruso, Attorney Caruso Law Offices, PC New Mexico Personal Injury and Wrongful Death Attorneys (505) 883-5000 www.CarusoLaw.com

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First, you need to prove liability, meaning that the owner/landlord of the apartment complex was at fault. That will depend on the facts. If you can prove liability, then you look to your damages. They will depend on the amount of your medical bills, lost work, pain and suffering, nature of treatments, disability, disfigurement, etc. Typically, personal injury attorney's charge about 1/3 of the amount of money recovered, plus reimbursement of their out of pocket costs. The fee may rise if the attorney is required to take the case to trial or appeal. I can give you some good names.
Answered on Apr 17th, 2013 at 9:13 PM

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There is no way to know based on what you've described as the damages. An attorney will charge 1/3rd of more depending on expenses and how good a case it appears to be.
Answered on Apr 17th, 2013 at 8:44 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You get nothing for falling 2 stories. If you prove that you fell because of the negligence of the owner you should be compensated on the basis that considers the negligence, the injuries, the medical care, the doctor bills, the wage loss if any, the permanency if any and the likelihood of future medical care.
Answered on Apr 17th, 2013 at 8:43 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It depends on whose fault it is. If the landlord or apartment complex was not at fault, you likely will get nothing. If the apartment complex is liable, the factors that determine what you should get are discussed below. Attorneys normally charge 1/3 of what is recovered. I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain, or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I'm hurt, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvement First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x
Answered on Apr 17th, 2013 at 8:41 PM

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James Eugene Hasser
There are no set laws or rules on the value of a claim. Value varies from case to case. Generally speaking, whether you have a case at all depends on liability, damages and collect ability. In your case, it depends on why you fell, whether someone else was at fault, whether you were partly at fault, the nature and extent of your injuries and whether there is a collectible source from which to make a recovery. Typical charges for contingency cases are around 1/3 for the type case you may have.
Answered on Apr 17th, 2013 at 8:41 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You should expect to hire and attorney who will generally charge 1/3 if there is a recovery. You will need to prove liabiliy first, and thereafter damages. There is insufficient information to make a estimate.
Answered on Apr 17th, 2013 at 8:34 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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As I have mentioned in dozens of postings, there is no set formula for what a personal injury case may settle for or what verdict range may be. Each case has many variables that come in to play, including, but not limited to: the facts of the incident; the negligence of the parties; the nature of any defect, if any; notice in re: the existence of the defect; the amount of time to remedy the defect after notice of same; terms of the lease agreement; the nature and extent of the medical treatment/injuries; the pre-existing conditions of the plaintiff, if any; the diagnosis, prognosis and opinion on proximate causation; the credibility of witnesses and parties; the amount of economic loss; etc. Only a local lawyer who regularly handles such a case can give a best guess as to liability, proximate cause, damages, whether the case is likely to settle, be dismissed based on defenses, go to trial, etc.
Answered on Apr 17th, 2013 at 8:31 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You don't even tell us what your injuries are. Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. Many people use this site to ask what their case is worth. Our answers are always: Get in touch with a personal injury lawyer in your area. That is the best way to get the best settlement in your case. Attorneys typically charge one-third of the net recovery. do you want 100% of nothing or 66% of something?
Answered on Apr 17th, 2013 at 8:30 PM

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Personal Injury -- Plaintiff Attorney serving Cleveland, OH at Mishkind Law Firm, Co., L.P.A.
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It is impossible to tell you what you can expect to recover without knowing what your injuries were and whether the fall was due to a defect in the property. More information would be helpful to provide you with an answer. Attorney fees are typically 33.33% of the total recovery in a case of this type but can be as much as 40% depending on the situation.
Answered on Apr 17th, 2013 at 4:19 PM

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