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How will I know if my lawyer is telling me the truth on what the offers are from the insurance company for my injury?

Phoenix, AZ |

I had a slip and fall thats a slam dunk case considering the circumstances. I had a MRI done and found out i have a lumbar spondylosis which is a serious permanate spine injury that will require a lifetime of physical therapy,massage & pain meds. I truely feel my life will never be the same. How can I be sure that I am being offered the right amount for my pain,suffering and lifetime of ongoing therapy,meds ect. ? Before the incident I was a super active and 100% healthy person thats just waiting and wondering if I will ever be able to do the things i love to do again.

Attorney Answers 7

  1. Excuse me for saying so, but very few cases are actually slam dunk cases. Every case has positives and negatives. That being said, the real question related to your post is why you would think that your attorney would not tell you the truth about the offers from the insurance company? Has he or she done or said something that makes you not trust the attorney? If you are new to this process and simply want to confirm that the offers your attorney is presenting are legitimate, ask the attorney to request that the insurance company present the offers in writing and that your attorney forward you copies of the correspondence.

    Attorneys are ethically obligated to deal honestly with their clients. The majority of attorneys take these ethical obligations very seriously.

    There are a number of factors that personal injury attorneys consider when establishing the value of a case, including the medical bills, lost wages, out of pocket expenses (such as medication, co-pays, etc...), future medical care, loss of enjoyment, etc... Your current attorney probably considered all of those factors when evaluating your case. If you don't understand how he or she arrived at the value of your case, ask the attorney to explain it to you. Most attorneys want their clients to understand their case and are happy to answer such questions. It may also be helpful to explain your quality of life concerns to your attorney.

    If you are looking for a second opinion about the value of your case, you can always consult with another personal injury attorney in your area. Good luck on your recovery and your case.

  2. There is not such thing as a slam dunk slip and fall case. I have no idea why an attorney would not convey the accurate settlement proposal numbers because (1) attorneys working on a contingent fee make a percentge and have incentive to obtain the highest settlement possible (2) must account to the client as to all final numbers and (3) are highly regulated by many ethical rules. Here is why slip and fall cases are never a slam dunk: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

  3. As the other attorneys have stated there are no slam dunk liability slip and fall cases and even if there was there is no telling what a jury is going to do. More significantly, spondylosis alone revealed on an MRI taken shortly after the accident would not only, not have been a result of the accident, but does may not be causing your symptoms. Although it is possible that a trauma superimposed on that pre-existing problem is causing your pain. Your case is obviously a lot weaker than you think. If you don't trust your attorney get a new one, but do so at your own risk.

  4. Why would your attorney lie to you about the offers from the insurance company? If your attorney, like most personal injury attorneys, works on a contingent fee basis, he/she would be interested in getting you the highest compensation possible and will not lie about the offers from the insurer. In addition, this information is really easy to verify.

  5. Those of us that do this for a living know that there is no such thing when it comes to these cases. The other attorneys' responses are quite correct. If you don't trust the lawyer you retained, you are already in trouble here. Get right with your attorney, or get a new one that you have faith in is the best response I can give you.

  6. I have handle cases and injuries similiar to this for years. First I do not believe there is such a thing as a "slam dunk" slip and fall case. In experience they all have upsides and downsides.

    With respect to your "spine injury" I am not sure what you are referring to. Spondylosis is caused by degenerative osteoarthritis of the joints between the center of the spinal vertebrae and/or neural foramina. It is not caused by trauma, although injury may exacerbate or bring on symptoms. So you/attorney are probably going to me in a fight with the defendants on causation. Without seeing your records and doctor's reports based upon my experience I have never seen a situation in which lumbar spondylosis was caused by a relatively mild incident. I have seen spinal compression fractures and ruptured discs. In any event, I think at best you are in for a fight on your "spinal injury."

    Why don't you trust your lawyer? If you don't have confidence in him you should schedule a meeting and clear the air. Most lawyers want to do a really good job for their client and want their client's to feel well treated. Make the call, set up the meeting.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

  7. You have already received some excellent advice. I do want to comment on your "slam dunk" claim.
    You do not give any details about how this slip and fall occurred but from my days as a defense lawyer--here is how i would typically depose someone claiming a fall due to some negligence of the property owner: "Where were you looking when you approached the area where you say you fell?" If you said, I was looking straight ahead, I would ask why you were not looking down. If you said you were looking down, I would ask why you didn't see the alleged hazard.
    Slip and fall cases can be very difficult.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.