I settled my case which was about slipping on a parking lot stripe at Wafflehouse. I went to arbitration which lasted all day.

Asked over 1 year ago - Lawrenceville, GA

We settled on $15,000. Out of that the attorney got $5,000,his friend an architect got $3400. With all they added on I ended up with less than anybody and I was the one that broke my ankle. I feel I was ripped off ending with $1500.00. They added on all kinds of extras. This was really ridiculous after going thru 2and a half years and 2 attorneys. They said that I was at fault for not knowing that all yellow stripes are slippery. What a bummer. Marlene Marks

Attorney answers (6)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Slip and fall cases are VERY difficult to win, and there's no way to analyze the strength of your case without seeing your file. The 1/3 legal fee is very normal, and paying an expert may well have been necessary (in other words, you may have gotten 0 without it). Unfortunately there's no way after the fact anyone who hasn't reviewed your entire case file can determine how well your lawyer did or why things ended up as they did. Hopefully the settlement paid your providers.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Michael Stephen Wilensky

    Contributor Level 10

    5

    Lawyers agree

    Answered . Like many areas of law, slip and fall matters can cost a Plaintiff's firm a lot of money to prove their case. For this and other reasons, it is sometimes difficult to get the Plaintiff fairly compensated for the harm they have sufferred. It is a cost/benefit analysis when hiring experts and in many cases Plaintiff have no choice to hire the expert because they must prove their case.

    Unfortunately, what has happened to you is not unusual in slip and fall matters. News only reports on the big wins, not what happens in most cases.

  3. Thomas Richelo

    Contributor Level 14

    4

    Lawyers agree

    Answered . Marlene,
    Many clients are unhappy with the final result in their case. A few comments: Your narrative says you "settled", which if literally true means the arbitrator did not make a decision, it was an agree settlement. Before an attorney advises you to take a settlement, you and he should go over the dollars and how they will be allocated; you should know exactly what you will net before you say "Yes," to a certain deal. Sometimes the itemization of where the money goes helps with the settlement amount. For example, if all you netted after EVERYTHING was paid out was $1500, your attorney could have shown that math to the defendant(s) and said something like "my client needs to walk away with at least $X." I've used that many times and gotten a bit more in a lot of settlements.
    Second comment: Even if the outcome was not satisfactory, remember that cases like this are not a guaranteed win and you and your lawyer went forward because it was POSSIBLE that you could get a better result. You can't really judge the fairness of the system based on only one case. If you ever have another case to bring, what you learned here can be valuable. Make sure that before you go to court/arbitration/mediation/settlement meeting that someone is running the numbers and telling you in advance what you will net. Take care.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The secret to maximizing a recovery is retaining a top-rated Avvo attorney with a low contingency fee, less than 30%, so you are left with more money. Next time you'll know.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  5. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . Is there a question? Was the arb binding? if not, you can continue on to trial. If you settled then its over. The fees sound typical, and it isnt surprising there was an expert. Liability was apparently determined to be less than 100% on the deft, by the arbitrator, and that probably explains the smaller award.

  6. Jeffrey Mark Adams

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your frustration/ansgst comes through. Not sure of your question.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more

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