I slipped on water on the floor at target. I called a firm & got referred to another firm. They declined to take my case. A few days later Target called & said they are going to pay me pain & suffering as well as my drs bills. I thought I could do this in my own instead of pay a firm to settle for me since that other firm declined my case. What do you think?
Ms. Rodriguez,
It is difficult to determine whether you need a lawyer or not from the limited information provided. This is so because many factors play a role in whether representation by a lawyer would be necessary or beneficial in a personal injury claim.
It is encouraging that Target has reached out to you and offered to pay you for your pain and suffering and medical bills. Be aware, it is very likely Target's impression of what would be reasonable compensation for your pain and suffering will be different than yours. An attorney would be able to help by looking at various factors, some of which you might not consider, in determing reasonbable compensation for your pain and suffering.
Regarding your medical expenses, it is not uncommon for culpable parties to question the reasonableness and/or necessity of medical treatment an injured party receives following a traumatic event for which the at-fault party is potentially liable. Another issue an attorney would also be able to assess concerning medical expenses is whether your health insurance company is entitled to receive a portion of any money you receive to reimburse the health insurer for accident related medical expenses paid on your behalf. Most insurance companies have a lien right that must be considered when negotiating a settlement. Medical and Medicare also have rights to be reimbursed for medical bills paid on behalf of an injured party who receives compensation from an at-fault party and/or their insurance company. An attorney can be effective in negotiating payment of any liens during the settlement negotiation process with Target.
Most personal injury lawyers handle cases that are economically feasible for them to handle on a contingency fee basis. Under a contingency fee, the attorney's fee is based on a percentage of the client's settlement or recovery after trial. If there is no recovery, typically a lawyer does not receive a fee for his/her services. The bottom line is if your case has sufficient value to justify an attorney agreeing to represent you on a contingencey fee, you should be able to find one and you would probably be better off if you were represented by a competent personal injury attorney. As mentioned above; however, there are too many factors that your question does not address for one to assess whether you would benefit from hiring an attorney, or if an attorney would be interested in representing you.
I suggest you talk with a few more attorneys, tell them the nature and extent of your injuries, how the incident occurred, and see what they think.
Best wishes for a speedy and complete recovery.
Michael J. Menicucci
Menicucci Law Group
714-742-6848
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