what can i do ? and the location is SW phily . and also wonder whats the chance they win ? how ami i going to defend my self ,
Since you do not have insurance on the property in order to properly defend the claim you need to hire an attorney experienced in insurance claims and defense. There are many risks associated with defending yourself in an injury claim, all of which would result in a financial loss to you. The nature of the alleged defect, the types of injuries claimed and the compensation being sought are all factor that would determine any course of defense. I am very experienced in this area (both from plaintiff and defense sides) - call an attorney ASAP who can advise you as to the best strategy for the situation.
What their chances are at winning depends on the facts and circumstances of the claim. Right?? You did not provide any information as to what happened.
I will say that even though you did not provide any facts as to what happened their chances of winning--IF THEY FILE A LAWSUIT--are excellent if you do not retain a lawyer to defend you. My suggestion is to contact a lawfirm that normally is hired by insurance companies to defend these types of claims and pay for an hour of that firms time to go over the claim. In that way you can get a better idea of what you can expect and how to respond to the claim if one is ever made. Google Insurance defense lawfirms philadelphia to get some names.
You should consult with an attorney specializing in personal injury matters. Your attorney should notifiy the injured party that there is no insurance and should also investigate the alleged cause of the injury before there are any changes to the property. If necessary, the attorney will defend you if suit is filed, since you would be personally responsible for any judgement. I would also respectfully suggest that you obtain property insurance since it is significantly less expensive that legal fees.
You indicate that you do not have insurance on the property. However, often I find that property owners with mortgages of some variety do not understand that often the bank mortgage holder - to protect their interest - will have insurance on the property if you fail to keep a policy. Therefore, if you have a loan secured against the property, contact the loan holder to see if there is insurance.
Slip and fall claims do not bring automatic recovery, contrary to common belief. Retain an attorney to review all of the facts and circumstances of the accident and the injuries. This will determine whether they have a viable claim for liability and for causally related damages. Here is an article on what slip and fall cases require: BLUE LINK BELOW:
You should also immediately take photographs of your property, so that you have some evidence of any condition that might exist there now. It is not clear what the person claims to have "slipped and fallen" on, but you want to be able to show the condition of your property. You have no obligation to respond to the letter itself, but you might want to call the attorney that sent you a letter, indicating that you do not have insurance on the property. IF you are served with papers that indicate that you have been sued - you will need to take action immediately. These papers cannot come in the mail. They would have to be personally served on you. The first page should be in two languages - English and Spanish, and it should have a caption that indicates something like "Court of Common Pleas of Philadelphia County" It should list the name of the person suing you and then "vs" and then your name. IF you are served with such papers, it is important that you respond. If you do not have insurance on your property, then you would need to hire an attorney to defend you. If you cannot afford an attorney, you may be able to get help through the VIP (Volunteers for the Indigent) program in Philadelphia. I am one of many attorneys who volunteer to help people in defending such lawsuits when they cannot afford an attorney. You can contact them at:
1500 Walnut Street, Suite 400, Philadelphia, PA 19102
As indicated by others, you should document the condition of your property. You should also hire counsel to protect your interests. I wonder if your home is owned by you, or you and your spouse. Find an attorney who will give you a free consultation, be honest, and know that from a plaintiff's standpoint, these are very tough cases to bring.
I suggest you pay for a consultation with a civil defense attorney to review the circumstances and respond to the letter you have received. You also should consult an insurance broker about appropriately insuring the property you own.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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