I have received a letter from a lawyer about a slip and fall on my property but i don't have insurance on the property .

Asked 12 months ago - Philadelphia, PA

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 ,

Attorney answers (12)

  1. Nusrat J. Rashid

    Pro

    Contributor Level 9

    7

    Lawyers agree

    Answered . 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.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . You need to retain a local civil defense lawyer. I'm sorry, but my office is Plaintiff only.

  3. Philip Anthony Fabiano

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . 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.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  4. Harold Semanoff

    Pro

    Contributor Level 14

    6

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    Answered . 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.

  5. Stewart C Crawford Jr.

    Contributor Level 16

    4

    Lawyers agree

    Answered . More facts are needed to assess. How did the fall occur, what was the extent of injury, etc

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  6. Jonathan Seth Corchnoy

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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.

  7. Andrew Daniel Myers

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  8. Dale G. Larrimore

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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:
    Philadelphia VIP
    1500 Walnut Street, Suite 400, Philadelphia, PA 19102
    215-523-9563

    Legal disclaimer: The comments above by Dale Larrimore, Esq. are provided as general information and not as a... more
  9. Joel Jay Kofsky

    Contributor Level 14

    3

    Lawyers agree

    Answered . What's your equity in the property? Is there a mortgage on it? Protect yourself now if it is an asset.

    Please note that we are not forming an attorney - client relationship and the advice is meant to be general.... more
  10. Leo M. Flynn

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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.

  11. Richard Marc Katz

    Pro

    Contributor Level 17

    4

    Lawyers agree

    1

    Answered . You need to retain local counsel to represent you. Do not ignore this situation. It will only get worse. Chances of winning depend upon a myriad of factors and you have provided no facts. If you post additional information, I can provide you with more insight.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  12. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    Legal Disclaimer:

    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.

    This ans. does not create an attorney/client relationship.

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