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How will I know the settlement offer? What will my lawyer get? And myself?

Lancaster, CA |

I'm in a slip/fall lawsuit with petsmart and I just received the amount of my medical bills totaling 22000 how will know what the settlement offer is going to be?

Attorney Answers 10


  1. Depends. What caused you to fall? Did the store have notice of the condition before you fell? What injuries? Have you made a complete recovery from injury? What type of treatment? Miss work due to injury? How much time and rate of pay? How long was treatment? Residual problems?

    You should talk with atty about what should be the demand.


  2. You will discuss it with your lawyer.


  3. Hire an attorney. Fees and how they are determined is a part of the intake consultation.
    You also need that discussion to determine if you have a case. The mere fact that you fell at a business and were injured does not mean that you are entitled to compensation

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  4. Under the CA rules of professional conduct Rule 3-510 Communication of Settlement Offer - "Rule 3-510 is intended to require that counsel in a criminal matter convey all offers, whether written or oral, to the client, as give and take negotiations are less common in criminal matters, and, even were they to occur, such negotiations should require the participation of the accused.
    Any oral offers of settlement made to the client in a civil matter should also be communicated if they are "significant" for the purposes of rule 3-500"; best of luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


  5. Your lawyer's fee should be mentioned in the contract which you should have a copy. As for the settlement amount, while your lawyer will negotiate the best possible settlement for you, it should be your decision whether to settle or not. So, when you get to the point of seeking your case you will know what you will receive before you close the deal.


  6. There is no way to know what settlement offer you will get. It depends on whether Petco can be shown to be liable in this matter.

    This would require showing that they had notice of the spill (either constructive or actual notice) and that it would was negligent for them to no clean up the spill.

    The split between your lawyer and you will depend on what you agree to in your agreement when you hire an attorney. For example, I generally charge 33% of the recovery, so the client would get 67%.

    Many attorneys on this site handle slip and fall matters and offer free consultations.

    323-703-3581
    SP@BeverlyHillsLawPartners.com


  7. Asking what the settlement offer will be is kinda like guessing if the next card will be a ten at the blackjack table... one has an idea, sort of, of the likelihood, but just can't be sure.

    The more experience one has, though, helps make complete guess work into calculated possibilities and odds... since the average person has very little experience handling personal injury claims, that person probably won't be too accurate in guessing a cases value... but an experienced personal injury attorney should be able to do so.

    If one already has an attorney, having a face to face discussion about what to expect should be as easy as making an appointment with said attorney. The same is true for how much the lawyer fees will be.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    4160 Temescal Canyon Road, Suite 306
    Corona, CA 92833
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  8. A plethora of factors go into putting a number on a case, but you should retain a personal injury lawyer to get maximum compensation


  9. Slip and fall cases are notorious within the Personal Injury field. Several attorneys will not take these cases because they are difficult to win. As other lawyers on Avvo have mentioned, the main question here is whether proper notice (or a reasonable opportunity) was given to Petsmart to correct the problem that caused you to fall.

    Is there a maintenance log for Petco showing that they regularly clean the area where your fell? Did a pet, child, or another customer create the defect by knocking over an item? Or was the defect or problem-area "open and obvious" such that you should have seen it and avoided it? Questions abound...

    Since you have filed a lawsuit, chances are that there is no offer to settle this case. Since you are in Lancaster (in the LA County Court system) chances are that your attorney may need to hire a private mediator to help you settle this, otherwise this matter will proceed onto trial, where costs could range anywhere from $2500 to $25,000 depending on the number of experts you hire.

    Finally, in California we have "comparative negligence". This means that a percentage of fault will be attributed to you and to Petsmart. If Petsmart was 100% liable then a jury may conclude that they must pay 100% of your provable damages. If they were say 50% liable, then they must only pay half of the damages. Also, were your medical bills covered by insurance? If so, Petsmart may ask the Court to reduce any jury award you receive to the amount you actually paid out-of-pocket.

    Good luck on this case. Do not be surprised if Petsmart makes you a lower settle offer like $5000 simply to make the case go away.

    Good luck to you.


  10. If Petsmart paid you 22k in meds. and you are asking this question it is obvious you may have a substantial case, and would be crazy not to proceed without an attorney. For a free consultation on your case call is at 800 816 1529.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.

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