Accidental Fall Lawyer - DeSalvo Injury Lawyers
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Accidental Fall Lawyer

Hey Guys! Today I am going to answer Robert’s question. Robert took a fall at a restaurant where there was water on the floor.

He has a couple of questions that you may answer your questions that you have about fall down cases as well.

Here is Robert’s question:

Hi, this is Robert. I have a lawyer but I am not happy. He never called me back. I took a fall at a restaurant and there was water all over the place. I hurt my back, which was bad to begin with. I had a surgery. I found out my bills still are not paid. My lawyer had my case for over 6 months and still no offer.   Two questions. One, can I fire my lawyer? And Two, will my settlement be enough to pay my bills?

Thanks for the questions. Robert, you know there’s a couple things I want to talk to you about.

The first is, that if you are currently represented by a lawyer, it is really not appropriate for another lawyer to be giving you legal advice. So whenever somebody calls me and says they have a lawyer on their case already, if the lines of communication are opened and they’re still represented, I tell them, please call your lawyer and have a face to face meeting with them and explain to them how unhappy your are.

It is a pretty busy business these days to be an injury lawyer and it may just be a misunderstanding. So sit down with your lawyer and try to work things out. So to answer your question if you can fire your lawyer, of course you can. If your lawyer is really being a jerk and you have hit the end of the road with the lawyer, where you just can’t repair the relationship, you have every right to fire that lawyer and hire a new lawyer. Absolutely you canI would encourage you not to go for a long period of time without representation because there are deadlines in cases. Especially if your case is in suit, you definitely don’t want a gap. You don’t want to miss court dates and things like that. You definitely need to act aggressively to get a new lawyer. Now Robert, you also mentioned that your lawyer had the case for six months and you haven’t heard from your lawyer very much. One thing I am going to tell you is that sometimes these cases take a little while to investigate and work up.

For example, when I handle a premises liability or fall down case, I always look for the owner of the property, the manager of the property, if there is a business being operated at the property I have to all that corporate information as well. Also, one thing a lot of people don’t think of is, is that we need to have all of your medical bills and records in before we can even make a demand on an insurance company. So if you are currently continuing to receive medical treatment, and there is still time on your statute of limitation or deadline, then what lawyers will usually do is that they will wait until you reach what some lawyer call a maximum medical improvement. That is a fancy term for you hit a plateau in your treatment. So you’ve had your surgery, we know what your outcome is. Then it is safe to settle your case. And that makes sense if you think about it. You don’t want a lawyer to settle your case without knowing whether you need another surgery or another two surgeries, or whether your back can never return to normal. The worse your outcome is, the more money your case is worth. So you don’t want a lawyer settling your case right away. However, if you call a lawyer you do deserve a call back. So that is no good. The last think that I thought you said is that you had back injuries before this. And I wanted to explain to you. A lot of times people think that if you had a bad back and then you have a new accident involving the same part of the body, that it is bad for your case. But the law in Illinois is actually opposite.

The law in Illinois says that the judge and jury can’t penalize you for having a bad back before, and that the person or entity or business who is responsible for hurting you, is fully 100% responsible for the harm that they caused you, even if you already had a bad back before.

Fall down cases can be very complicated cases to handle. I hope this general information helps you. I encourage your to talk to your lawyer. If you can’t work things out with your lawyer, then get another lawyer to talk to. I hope this information helps you guys and I hope it helps you, Robert. If anybody has a question they’d like to ask me where I answer it privately or publicly on YouTube with your permission, you can submit them to calls@desalvolaw.com or call at 888-HURT-318. Say that you have a question that you would like answered on YouTube. Thanks again for watching the video. Robert, good luck and the rest of you, thanks for watching.

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Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

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