I need help in understanding what's going on. Can someone please help me?

Asked over 2 years ago - Miami, FL

IN DECEMBER 14, 2010 I FELL DOWN THE STAIRS OF MY RENTAL APARTMENT BECAUSE THE LIGHTS IN THE STAIRS THAT ARE INSIDE THE BUILDING WERE NOT ON WHEN IT WAS ALREADY DARK OUTSIDE. I FOUND A LAWYER AND WE ARE NOW SUEING THE LANDLORD BECAUSE WE HAVE PLENTY OF PROOF OF HIS NEGLEGENCE TO THE PROPERTY . WE WENT TO MEDIATION TO TRY TO SETTLE OUT OF COURT AND HE DID NOT WANT TO SETTLE. MY LAWYER SAID THAT HE DOES'NT THINK THAT THE LANDLORD HAVES ANY INSURANCE ON THE PROPERTY. WE ARE TAKING IT TO TRIAL. MY QUESTION IF... HOW MUCH LONGER WILL THIS TAKE? AND ... WHAT CAN HAPPEN AT TRIAL? I LIVE IN MIAMI AND THEY TOLD ME THAT THIS PERSONAL INJURY CASE TAKES ONLY 2 YRS. I HAD TO GET SURGERY. GOT A MEDAL PLATE AND 7 SCREWS IN IT. PLEASE HELP ME BY ANSWERING AS SOON AS POSSIBLE. THANK YOU!!!! BECKEY

Attorney answers (5)

  1. Stuart M. Address

    Pro

    Contributor Level 16

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    Answered . Since you have an attorney, you really should ask him these questions. Hopefully, you have faith and trust in him. However, in general, if the other side doesn't want to settle at mediation then trial is scheduled. How long it takes to get to trial depends on the Court's docket and backlog. In Miami-Dade, the civil court backlog is quite extensive and even the trial date you eventually get is unlikely to be the actual trial date because you will probably be number 2,3,4,etc. on that week's trial list. If you are not number 1 it means you go only if the other cases settle or conclude early. If you do not go, depending on the circuit, you either get rolled to the next trial docket or you get a priority for being number 1 on another docket. As for the landlord possibly not having any insurance, this would complicate matters of collecting on any judgment even if you win. However, your attorney should know by who the defense counsel is whether it is insurance defense counsel or not. Also, by now, I would assume that your attorney has requested a copy of the insurance policies if any which may cover your claim so that he could review them for coverage. Finally, even if there is no insurance, it is possible given that you are dealing with a landlord that he or the company may have assets upon which you can collect even without insurnace. These are things you should inquire about with your attorney. If your attorney has this on a contingency fee as would be expected, you really have nothing to lose by going to trial -- its your attorney's time and money at stake. if you are paying hourly (which is uncommon for a personal injury case) or if you are responsible for costs even if you lose, then you really need to question your attorney more closely on these various issues.

  2. Ronald William Slonaker

    Contributor Level 14

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    Answered . I also would suggest that you run your questions by the attorney you have already hired. I am of the view that I can not answer the types of questions you ask since you are already represented by an attorney. With that said, as part of discovery, your attorney likely would have determined that there was or was not insurance, and personally, I find that hout Before I file suit. That, and the other questions you pose are best answered by your attorney.

    Ronald Slonaker
    Attorney & Certified Civil Mediator
    942 SE 17th St
    Ocala, FL 34471
    (352)629-6656
    www.SlonakerLawFirm.com

    This response is to provide general legal information and does not constitute legal advice nor should it be... more
  3. Julie S Luhrsen

    Contributor Level 14

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    Answered . These are questions to ask your lawyer as s/he is most familiar with the factual & legal details of your case.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Your lawyer is the only person familiar with the timeline of this case, thus, you should contact him for an update.

    Lassen Law Firm Personal Injury Lawyers Philadelphia. www.InjuryLawyerPhiladelphia.com Phone 215-510-6755.
  5. Lars A. Lundeen

    Pro

    Contributor Level 20

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    Answered . It is obvious that you are already deep into this case with your attorney. Since your attorney knows all of the ins and outs of your case, he or she is in the best position to answer your questions. Your attorney is able to discover the existence of insurance through the discovery process. That should not be a matter of your attorney "thinking" that he may not be insured. Your attorney should know if there's insurance or not. Talk to your attorney.

    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.

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