Slip and Fall Lawyer
Hi guys. In today’s video, I’m going to answer Robert’s questions. Robert took a fall at a restaurant due to water on the floor. He’s got a couple of questions that may answer some questions you have about fall down cases as well, so stay tuned.
Here’s Robert’s question.
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 and I had surgery, a discectomy. I found out my bills are still not paid. My lawyer had the case for over six months and no offer.
Two questions. One, can I fire my lawyer? Two, will my settlement be enough to pay my bills?
Scott DeSalvo: Thanks for the question, Robert.
You know, there’s a couple of things I want to talk to you about.
The first is that if you’re currently represented by a lawyer, it really is not appropriate for another lawyer to be giving you legal advice.
Whenever somebody calls me and says they have a lawyer on their case already, if the lines of communication are open and they’re still represented, I tell them, “Please call your lawyer and have a face to face meeting with them. Explain to them how unhappy you are.” It’s a pretty busy business these days to be an injury lawyer and it may just be a misunderstanding. Sit down with your lawyer and try and work things out.
In answer to your question about whether you can fire your lawyer, of course you can. If your lawyer is really being a jerk or you feel like you have hit the end of the road with the lawyer and you just can’t repair the relationship, you have every right to fire that lawyer and hire a new lawyer. Absolutely you can.
I would encourage you not to go for a long period of time without representation because there are deadlines in cases and especially if your case is in the 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 the lawyer had the case for six months and that you hadn’t heard from the lawyer very much.
One thing I’m going to tell you is that sometimes these cases take a little while to investigate and work up. For example, when I’m handling 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 have all that corporate information as well.
Also, one thing that a lot of people don’t think of is we have to have all of your medical bills and records in before we can even make a demand on an insurance company. If you are currently continuing to receive medical treatment and there’s still time on your statute of limitations or deadline, what lawyers will usually do is they wait until your treatment … Until you reach what some lawyers call maximum medical improvement, the fancy term for you hit a plateau in your treatment. You’ve had your surgery. We know what your outcome is. Then it’s safe to settle the case.
That makes sense if you think about it. You don’t want a lawyer to settle a case without knowing whether you need another surgery or another two surgeries or whether your back can’t ever be returned to normal. The worse your outcome is, the more money the case is worth. You don’t want a lawyer settling your case right away.
However, if you call a lawyer, you do deserve a callback. That’s no good. The last thing 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 if you have a bad back and then you have a new accident involving the same part of the body that it’s bad for your case, but the law in Illinois is exactly the opposite.
The law in Illinois says that a judge and jury can’t penalize you for having a bad back before and that the person or entity or business who’s responsible for hurting you is fully 100% responsible for the harm that they cause to you, even if you had a bad back before.
Fall down cases can be very complicated cases to handle and I hope this general information helps you, but I encourage you to talk to your lawyer. If you can’t work things out with your lawyer, get another lawyer to talk to you. A fall at a restaurant is not a slam dunk case. They can be very tough to win at trial. They are much more complicated than people think, that I can promise you.
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’ll answer it privately and/or on YouTube with your permission, you can submit your question to calls@desalvolaw or you can call me at 888-HURT-318 (888-487-8318) and say that you have a question that you’d like answered on YouTube. Thanks again for watching the video. Robert, good luck. The rest of you, thanks for watching.
Slip and fall cases can be pretty complicated. You can fire your lawyer. You have that right. But see if you can repair the relationship, and if you cannot, then seek another lawyer right away.
Six months is not a long time to wait for an offer. A good lawyer is not going to settle your case until he or she knows ALL of the important facts in your case, and that includes what your medical outcome is — are you as good as new, or do you have permanent problems? You do not want a slip and fall lawyer settling your case short and then you find out you need another surgery.
If you have questions or need more help, give me a call, toll-free, at 888-HURT-318 (888-487-8318). Free, no obligation consultation in person or by phone. Operators standing by 24/7.
Or, you aren’t ready to talk to a lawyer, I have created a DVD Injury Video which you can get immediately delivered to your email or mailed to your home. Call 888-HURT-318 (888-487-8318) and ask for the DVD and book and will mail it right out to you, no obligation and 100% Free. Same deal. Free, no obligation. Or you can use the web form on this web page to order.