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If an insurance company is requesting that I sign a release, does that mean some liability exists?

Milwaukee, WI |

I slipped and fell on an overly waxed part of flooring in a commercial building. As a result I injured my knee & hip which demand months of physical therapy. The owner of the commercial building owner refused to file an incident report after several requests. An insurance agent called me claiming he did a liability assessment & determined the company is not liable. However the agent wants to offer me $500 to sign a release. I have incurred medical expenses and lots of pain. The agent never called my witness to gather any facts.
What are my options?

Attorney Answers 8

Posted

I would suggest that you contact an experienced personal injury attorney to discuss the facts of the case in more detail in order to give you advice. The case will come down to the evidence you have as to the "overly waxed part of flooring." In bringing the claim, you will have the burden of proof to prove that either the building owner and/or janitorial company and/or building management company was negligent in the maintance of the floor, and that thier negligence was a cause of your fall and your injuries. You will also have to prove that you fell in the building on the particular day and time. There may also be an argument made by the other potential parties that you were also comparatively negligent in the fall. If you are more at fault than the other parties, or cannot prove negligence on the other parties, you may not be successful in pursuing your claim. Also, be advised that each state has a statute of limitations time period, which requires you to settle your claim or start a lawsuit within the statute of limitations time period, otherwise your claim may be barred. In Wisconsin, that statute of limitations for an adult is three years. If the commercial building was owned by a governmental agency, you may have other shorter time periods requiring additional written notice to be provided.

The information you obtain from this posting, and/or the act of sending an e-mail to this site and viewing this posting, are not intended to and will not create an attorney-client relationship. The information you obtain from this posting is not, nor is it intended to be, specific legal advice. You should consult an attorney for individual advice regarding your own particular situation. The material in this posting is not intended to be advertising, but it is instead meant it to be general information only.

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Posted

You have three options: (1) take the money, (2)
make a counteroffer, or (3) retain an attorney
file suit.

Slip and fall cases are difficult to win. You will almost certainly get more money with an attorney.

You may have to search awhile to find an attorney because it is difficult to prove
liability in this type of case.

Good luck.

This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further no attorney client relationship is or has been formed by answering this question.

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Posted

Not necessarily. The insurance company wants to foreclose your ability to bring suit, no matter what. Your best shot at a suitable outcome, whatever the facts, is to retain an attorney and give him/her all the information you have. Most attorneys will talk to you for free, give you your options and only charge you a fee if they recover money for you. If for nothing else, you need to be aware of the statute of limitations in your case.

**Was this Answer helpful? Please click to give the Answer a Helpful Vote or make it the Best Answer! ***This Reply is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship. The Asker of the Question is urged to seek the advice of a professional in the area in question before taking any action.

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Posted

Your best option is not to sign and retain a local personal injury lawyer. The insurance company obviously is going to say their insured is not liable, which is likely not true.

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Posted

If you sign the release for $500, you are releasing them from past and future liability for your incident. Obtain a personal injury attorney in your area. Normally insurance companies offer nothing to individuals unrepresented. Do not sign nor speak with them. Get an attorney.

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Posted

The only thing you should sign right now is an agreement with counsel to represent your interests. Talk to some local attorneys and take it from there.

I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Call me. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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11 lawyers agree

Posted

DO not sign a release until you have at least discuss the facts of the incident & the extend of your injuries & damages with a good local WI personal injury attorney. Most offer free consultations - do you self a big favor & take advantage of the free consultations.ASAP.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

Don't sign anything before consulting a personal injury attorney. This is the standard run around on slip and fall cases, and the amounts always go up once a suit is filed. Find a personal injury lawyer who is willing to go to court on smaller cases, as unlike car accidents, most slip and fall cases need to be put into suit to get any kind of money out of them. Good luck.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

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