SergeantVol
Sarge4Mod
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- Oct 26, 2010
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My wife had a bad slip and fall at Wal-Mart. No signs were up or anything and we think she may have tore some ligaments in her knee. We have a MRI scheduled. Just wanted to know so dos and donts before we speak with their insurance company.
What Clearwater said. I'm also an attorney, licenses in TN and FL, and you should never speak with the insurance company without legal representation. It's almost a universal practice for personal injury lawyers to give free consults, so take advantage of that.
With a four hour minimum?
Hell no. I turn down way more cases than I take. I don't feel right charging people on losers. I hate it when they want to hire me and fight "on principle." In my experience, peoples' principles tend to decline more with each monthly bill.
BTW, Sarg - You still live in Hattiesburg? I have a bunch of relatives around those parts.
Still in Hattiesburg. Please email me at Sergeantvol@gmail.com. I want to make sure that we don't stick our collective foot in our mouth. I never trust large corporations to ensure the welfare of their patrons.
This is the classic notice issue. Maybe you argue that the pickles should not stored on a low shelf where kids will grab and break the jars and the store was aware of that because it's happened before. Maybe you argue the sound of the pickle jar crashing if it was really loud and a moment passed between the jar breaking and the accident. Generally, if the case does not settle after discovery depositions are taken, the defendant is going to file a motion for summary judgment alleging that they had no notice of the dangerous condition and a judge will decide as a matter of law whether there is an issue of material fact that a jury needs to decide. It's very common for Defendants to prevail at this point. If you get past summary judgment, there will be a big push to settle and you'll probably be ordered to some sort of mediation where you're subject to acting in good faith to resolve the case. If that doesn't work, tee it up and let a dozen of your fellow citizens decide how it should go.
edited to fit the hypothetical
My wife had a bad slip and fall at Wal-Mart. No signs were up or anything and we think she may have tore some ligaments in her knee. We have a MRI scheduled. Just wanted to know so dos and donts before we speak with their insurance company.
My wife had a bad slip and fall at Wal-Mart. No signs were up or anything and we think she may have tore some ligaments in her knee. We have a MRI scheduled. Just wanted to know so dos and donts before we speak with their insurance company.