You have the authority to reject or accept any settlement offer. Your attorney cannot settle for you. If you'd prefer to take your chances at trial, tell your attorney that. Be aware, however, that trials are very unpredictable, especially with a subject matter like slip and falls.
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You have an attorney who is intimately acquainted with the facts of your case. We cannot second guess your attorney and in fact should not do so. The only thing we can tell you to do is discuss your concerns with your attorney and follow his advice.
No opinion can be given. I don't know the specific facts of your case and you have a lawyer.
Generally, slip and fall cases are very fact specific and also are among the hardest to win at trial. The law against you is considerable.
You survived summary judgment, which means the judge thought there was a factual issue for the jury, but in no way guarantees a win at trial. Also, even if you did win, any award likely would be reduced by your comparative negligence, which typically happens in slip and fall cases.
A settlement is for sure but also is final. A trial is a gamble. Talk to your lawyer and evaluate your options.
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Have you sat down with your attorney and had a long talk? I'd recommend a face to face meeting to discuss your options.
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Discuss the settlement offer with your attorney in detail. Tell him/her your views. Listen to what s/he has to say.
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Your attorney has had your case for many years. He is in afar better position than anyone on here to make recomendations to you. Meet with the attorney and ask hi to explain why a settlement is the best route to pursue.
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Why try to second guess your attorney? It would seem like a better choice would be to sit down with your attorney and ask him/her to explain exactly what is happening, what has happened, and what will happen in the future. You need to understand the process. Tell him you want to know that.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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