Slip And Fall Legal Questions

From a practical legal perspective, this is simply not a viable case. You should always ask them to see if they will reimburse, but if they won't, that is typically the end of it. If you inist on pursuing it, as a "matter of principle", which is not a finanically practical decision, you will simply need to retain an attorney to handle the issue on a traditional hourly rate/retainer as opposed to a contingent fee.... Read More

Yes - there are circumstances under which you can sue the owner of a home and get compensation for your injuries.  If the property was badly maintained, or a dangerous condition existed, of some other thing that the homeowner could have done to prevent your injuries, and you were injured, you can receive compensation.... Read More

This is a black and white issue based upon a statutory provision. If a minor child has a settlement for under $15,000 Fla.Stat. 744.301 dicates that no court approval is needed.If the insurance company is playing games, you'll have to work with your lawyer to address this. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read More

No way to tell based upon the information provided. It sounds like there may be some issue with the liability aspect of the case(who is at fault), as opposed to the damages (how bad you were hurt). Unless someone tells you WHY the case is no good, just keep plugging away until someone says they will take it or explain why they wont. If you have further questions, please feel free to contact our office at 1-800-922-6442 to schedule a FREE consultation.... Read More

If the resort has contacts with New Jersey you can bring the litigation in New Jersey.  For example, if the resort was a Hyatt, or Sheraton, or some other type of resort that has locations all over the USA including NJ you can bring the suit here.  If not, it might require getting a lawyer in the Dominican Republic.  Good luck.... Read More

A personal injury claim requires at least two things: negligence (legal fault) and damages. The first question is what caused you to slip on the steps? You/your lawyer must show that the condition causing you to fall was dangerous and the defendant either knew of (or created) the dangerous condition, or it was there for a long enough time that they should have known about it. This is of course a simplified explanation, but is essentially the case.  The next question is whether you have sufficient injuries to warrant bringing a claim. If you have a couple of bruises that will go away in a couple of days, few lawyers will find it economically feasible to bring a claim. If however, you are in significant pain and your injuries are sufficient to require ongoing medical care. a personal injury lawyer will be able to help you. I hope this was of some help. This reply should not be considered a formal legal opinion of your case / inquiry. At this time I may not have enough information to give a complete answer to your question and there may be more to your issue(s) then I have set out in my brief reply. If you additional questions or information, I am happy to help. Jonathan Groff is an AV preeminent (5 out of 5) rated Personal Injury lawyer, with a principal office in South Miami, but representing clients throughout Florida. He can be reached at, Office: (305) 661-3633 / (800) 549-1942; Mobile (24 hours a day): (305) 302-8807; Email: Jgroff@kgdfloridalaw.com; Website: www.kgdfloridalaw.com... Read More

You may have a viable case. In my experience, belts on workout machines are there to secure you so that the weight does not pull you out of the seat, not for safety reasons. If there are no directions on the machine that indicate that the belt needs to be put on, then you probably have a viable case.  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

A primary reason is to comply with the Medicare Secondary Payor Act, Section 111. Liability carriers are required to notify the government of personal injury claims in the event that person is receiving medicare and/or medicaid (or may be eligible for Medicare). I cant get into all the issues with MSPRC, they have a right to be reimbursed from settlement/verdict proceeds for payments they make, or will make that are caused by a negligent person. As a secondary reason, they probably want to run an index search on you for prior claims history. ... Read More

Hi, You should not give the insurance company a statement or sign anything without first consulting with an attorney. Insurance companies often will give really low ball offers and try to get injured parties to sign releases to limit their liability. It may be that after speaking with an attorney you decide that you want to handle your matter on your own, but at least you will have had someone evaluate your case who has a clear understanding of how the process works and what the value of your matter is. Thanks,Jon... Read More

You can still file a lawsuit, so long as you file before the two year statute of limitations. Additionally, if the accident invovled a public entity, you have to file a Notice of Claim with the state within 90 days.  Waiting sometimes makes the case more difficult if the accident was not documented at the facility and you did not seek immediate medical care. That said, if you have suffered siginifcant injuries, a lawyer can probably help you.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

That is a common question asked of clients to gage whether they are in a range of reasonable. Based on the client’s answer, it opens up for discussion the lawyers professional assessment of the claim; what a realistic settlement/verdict would be for similar cases and the likely net recoveries  for an "x" dollar settlement based on medical bills, fees costs, etc. It is hard to negotiate a settlement if the client’s expectation is so high the demand will be met with silence. With that being said, you should have a good understanding of the lawyers evaluation of the strengths and weaknesses of the case, coverage limitations, etc. From there you can have that discussion. I cant speak for your lawyer, but I presume that is what he is trying to do. ... Read More

I would need more details about your injury. Were you on your employer's premises at the time of your injury? Generally speaking, you are not covered under workers comp while going to and coming from work from home. If you are covered under workers comp you would be entitled to medical treatment as directed by your employer as well as lost wages if you are out of work more than a week. You may also be entitled to compensation for any permanent injuries.... Read More

Whatever bills are not covered by your insurance will be part of the claim asserted on your behalf.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.   Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

You can't bring a claim like the one you described in Small Claims Court. There is a monetary damage limit in Small Claims Court of $5000. Filing a lawsuit against a City is not like suing an individual. There are special procedures and court rules that are required when suing a governmental entity such as a city. As the victim of negligence by a governmental entity you must be very careful in filing a claim against a city as special rules apply and if you fail to follow those rules, the courts will not hear your case and you will be left with nothing. For example, a verified claim form must be served on the authorized agent for the governmental entity. Serving a valid claim form on the government is a prerequisite to bringing a legal case against the government. The filing and presenting of claims against a governmental entity can be complex and confusing, so you are wise to consult with or retain an attorney. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More

The apartment complex had an obligation to keep the area free from ice and that obligation did not start at 9:00 am, it started when the ice formed and posed a hazard. A question will be whether they hired a snow and ice removal service to take care of these kinds of problems or whether they did it with their own maintenance crew.  It sounds like you have a significant orthopedic injury. If you are having radiating pain into the legs, the concern is that you have spinal pathology. When pain like this does not abate, the next step is diagnostic studies, usually in the form of an MRI exam.  You should contact a local attorney who does personal injury law, who will put the apartment complex on notice of the claim and contact their insurance company on your behalf.  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz.   ... Read More

The answer depends on whether or not viewing the rental required an appointment. If the add or sign near the rental stated an appointment was necessary to view the property, you would probably be considered a trespasser. If not, the owner might be responsible if you could show there was a dangerous condition existing on the property they you were unaware of.... Read More

The lawyer may have read something in your medical records that causes him/her concern about going forward in your case. Assuming this is a personal injury case, he/she may have discovered that you have a pre-existing injury to the same body part that you are now claiming was injured in the accident. You deserve an explanation from your attorney but depending on his/her ethics may not get one. In any case, I recommend contacting another lawyer in your area to discuss your options.... Read More

You may have a claim but it depends on a number of conditions : the ice had to be on the ground long enough for the state/town to know about it and have time to clear it and 2: there cannot be any fault on your part in falling ( wearing inappropriate shoes for example is a common defense). For more information contact me at 860-919-5810 Atty Tony Sheffy.... Read More