There is a slip and fall case and i do not have insurance on my rental property. Person suing claims that there is icy area. I pay my first floor tenant to shovel and salt the property. I have not received any complaints on snowy or icy conditions on the property for the 5 years I have owned this property. I strongly believe it is a fraudulent case. Please direct me to the right type of attorney to help me defend my case.
Thank you all for the valuable information. I am not very familiar with how the legal process works. I wanted to add additional information. I have insurance but there is a dj action on it so I am assuming the worst case scenario(that I do not have insurance). I know that the insurance company will hire an attorney in my defense on the lawsuit but do they defend me until the end of the case? Does the dj action happen at the same time of the case and when the dj action is over, and the case has not been resolved, do I pick up from where it left off or do I hire an attorney (at that point in time) to restart the process to defend me? I am confused since there are two things going on all at once. Do I hire an attorney for the DJ action as well? Sorry for all the questions, I am just at a loss and not sure how to resolve everything.
You need to seek what is called an insurance defense attorney or a personal injury attorney who handles both Plaintiffs and Defendants. Unfortunatelty, these attorneys are usually very expensive. Smaller firms, such as mine, charge lower rates. Also, many attorneys, such as myself, offer free 30 minute consultations.
If the circumstances warrant it, you can demand reimbursement of attorneys' fees and costs pursuant to the frivilous litigation doctrine.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Turn the claim over to your insurance company. They will appoint qualified counsel with experience in premises liability cases to defend you. If you do not have insurance coverage, find an insurance defense law firm and ask them to represent you. Do not attempt to defend your case without an attorney.
Hire a law firm that specializes in insurance defense. There are plenty of good law firms in New Jersey who defend these claims. See if you can find someone in Passaic County, as that will limit your expenses with travel time to/from court. Do not hire a general practitioner for this case..
This answer does not constitute specific legal advice or create an attorney-client relationship between Glenn R. Reiser, Esq. or LoFaro & Reiser, LLP and the individual or company whose posts we are responding to.
If you lose the declaratory action assumedly filed by your insurance carrier, you will be left high and dry with no protection. You definitely should retain an experienced insurance coverage attorney to represent you in the declaratory action. If you win the DJ, your insurance company will then be on the hook to pay for all of the costs and attorney fees involved with defending the action against you.if you lose, you are on your own and may end up losing your rental property.
I suggest that you call some of the larger civil defense firms in your area and look for someone with insurance coverage litigation experience. Do not delay.
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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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