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How do I respond to this letter from SRS asking me to file and settle my bodily injury claim directly with them?

Orlando, FL |

I slipped in fell one evening in a supermarket. It was a puddle of clear liquid at the end of an aisle cap and shopping carts had been tracked through the water. A nearby employee did not offer assistance, but customer did. I was embarrassed. I refused immediate medical care, but was hurt pretty badly the next morning. I contacted a lawyer the next day because I was without medical coverage and needed a doctor. Turns out I had several small fractures in my left foot and severe lower back pain which plagues me to this day. I am only months away from end of time period to refile. My attorney dismissed without prejudice. I would like to just have this over and done with. Any advice appreciated.

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Attorney answers 4


If Specialty Risk Services wants to settle with you directly, then make sure that they have your medical reports/bills and your wage and income information and ask them to make you an offer. If it's anywhere near your ballpark, then negotiate. If not, then put an attorney on it. Sometimes, a pre-suit mediation gets it done. I'm curious to know why your first attorney dismissed the case. On the facts listed, this sounds like a good case.

Dennis Phillips, Esq.


It may be important to see why your prior lawyer dismissed your case without prejudice. Was it a voluntary dismissal? Was it dismissed by the Court? Also, the correspondence from SRS should be reviewed by you along with a lawyer of your choice, as well as the prior court file which was dismissed, for a better analysis of your case. You may want to inquire of your prior lawyer why the case was dismissed. It does not seem you may have had much of an understanding of the process or the case itself up to this date and you may need to have an in-person consultation with a lawyer of your choice to review your prior file, correspondence, etc., and give you an explanation of where your case is.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Drive,
Suite A
Orlando, Fla. 32804
Ph.: (407) 649-1404
Fax: (407) 649-9890


It sounds to me like you have concerns about whether you must "refile" your case within the applicable statute of limitations period. It also sounds like you might have questions about the value of your lawsuit. If so, you should consult with a lawyer immediately. Also, whether you hire a lawyer or not, you should file your claim -- on your own -- within the limitations period or you will recover nothing.



I have had nothing but BAD dealings with SRS in the past and have had to litigate every case i've had with Publix in order to get their attention and get fair value for my clients. Only the genuine threat of trial will bring them to the negotiating table . As a general bit of advice, I'd NEVER recommend that an injured claimant deal with SRS without an attorney. They are looking to get out cheap and hope the claimant "trusts" them to make a fair offer in good faith. Talk to another attorney before you do anything, especially if the Statute of Limitations is running.

Robert E. Heyman, Esq

Heyman Law Firm, PA
Bank of America Tower
200 Central Avenue Suite 610
St. Petersburg, Fl 33701

Phone: 727-822-3700

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