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Since Wells Fargo Bank's insurance company just sent my L.A.- Personal Injury attorney a letter stating "no voluntary payment?"

Glendale, CA |

Does this mean it's a non-case and I should just let go, forget it?

I fell in Wells Fargo poorly--lit parking lot (dark blue parking stopper) last January - rupturing my quad tendon. Necessitating surgery, rehab all last Spring at Verdugo Hills Hospital just so I could walk again.

My Glendale personal injury attorney agreed that the bank at night is very dark and hazardous, took the case, sent Wells Fargo a 150K demand letter -

We had a deposition two weeks back - in my attorney's office - right after that the insurance company wrote, "No Voluntary Payment." He said he can't continue, to represent me - thus look around, ask a few other attorneys.

Will another Personal Injury attorney rep a Slip and Fall once the first attorney has nixed it at this stage?

Attorney Answers 9


  1. Best answer

    Different attorneys may have different opinions as to the viability of claims. I have taken cases over from attorneys who believed that they had little or no settlement value. Sometimes the case doesn't pan out; other times it turns out to be worth hundreds of thousands of dollars.

    Major factors are going to include how aggressive the attorney is, how expensive the case is going to be to try, and how hard Wells Fargo is fighting. Some lawyers give up any time a defendant resists a claim, while others are willing to risk their time and money to go to trial. Some cases can be tried relatively inexpensively, while others require that many tens of thousands of dollars be spent on hard costs, including expert witness and investigator fees. And some defendants will pull out all the stops to fight even a clearly meritorious claim, while others will pay nuisance value to get rid of a dispute where liability is unlikely.

    The most important factor, though, is the strength of your case. Just because you fall in a parking lot doesn't mean the landowner is automatically responsible for your injuries. Get a copy of your entire file (including your deposition transcript) and consult with another personal injury lawyer. Only someone who has had an opportunity to review all the available facts will be able to decide whether it makes economic sense to take your case.


  2. Slip and fall cases require a great deal of work to establish liability. 'No voluntary payment' means 'sue us'. None of us here on the computer can tell you yes you have a case or no you don't. Here is what is required to prove negligence in a fall dawn case: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  3. It sounds like your deposition may not have gone the best. I'd get your file from your current attorney and seek consultation from someone else.


  4. Another attorney MIGHT want to take over your case but only after a complete of the case including your deposition - it is surely wise to immediately consult if another local attorney since you have a fairly serious injury. Good luck

    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.


  5. I have handled many trip and fall cases over the years. They can ve very difficult case. But based upon your suummary, you have very significant injuries.

    The fact that at this time the insurance company wrote "No Voluntary Payment" doesn't mean much it is typical in trip and fall cases.

    Whether an attorney is willing to take over the case or not really depends upon the facts and circumstances of the incident. The liability is an important factor, an expert could evaluate lighting conditions and configuration and express opinions regarding the same. You do not say whether premises expert has opined on the conditions or what his or her opinions are. Perhaps no expert has looked at the area.

    I have taken over cases similiar to this in the past and have been successful, so do not let this be the "end" to your case. If this is the Wells Fargo on Brand Blvd. in Glendale, I had a case against the building years ago. I would recommend that you contact a personal injury attorney who will review your matter and make an independent descision as it relates to liability. I assume the injuries you suffered are not in dispute.

    Again contact an attorney familiar with personal injury and fall cases.

    Good Luck

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  6. These cases are aggressively defended....


  7. There are all kinds of attorneys. Some want the easy money. Some are willing to work for it. I would suggest that you interview several attorneys about this case. IF you get the majority saying the case is bad then you need to think about it. Remember, if you lose in trial you can be held liable for the defendant's costs which can be substantial.


  8. Possibly

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.


  9. Yes, another attorney might accept your case but the new attorney would have to share fees with the old attorney (unless waived) and would have to find the case feasible to take. You need to ask your attorney what that letter says; I see no reason to comment on a letter I can't see when you have an attorney who was hired to do so.

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