Need advice on injury

About a week ago, I went to dine at a local restraurant. I set down my food and sat down to jion my family. The back of the chair broke and I fell backwards. I broke my ribs, and have a large bruise. The chairs are obviously not well built, and not suitable for a restraurant that serves 100's a day (Its in a mall). I am still in pain, cannot work, and cannot even pick up the laundry. What would guys recommend doing? The first attorney I talked with said he could only get medicals bills etc and charges 1/3 of amount collected. This seems to me to be insufficient and I could get this on my own (These are minimal compared to the pain and loss of work). 1/3 also seems expensive. I would appreciate advice on what to reasonably expect. Thank you,
Jane

[vrzirn]

How much do you weigh?

[I AM ALWAYS LIABLE]

My response:

In addition to the above question, can you prove "Notice" of a defective condition of the chair; e.g., that they knew it was insufficient for the purpose, and that it would break under normal usage?

IAAL

I weigh 165 pounds, much less than an average man. Also, I am in my 20's and not a likely canadate for the injury.
This is a busy place, and the chairs backs are attatched to the seats by stylized pressboard wood (Which supports the backs), about 1/4 inch thick. They are obviously flimsy and NOT the standard of chairs you usually see in restraurants. I wouldn't buy chairs this flimsy at home. I do not think they are "industrial" in any way. In other words, they are cheap chairs in a setting that did need better chairs.

[I AM ALWAYS LIABLE]

My response:

Okay, but "flimsy" is your opinion. It's not proof. It also doesn't prove "Notice" of a dangerous condition.

These types of cases, like slip and fall cases, or dangerous conditions of premises; e.g., a bad chair, are really tough to prove and win due to the extra hurdle of "Notice" - - which is in addition to proving "Negligence."

Also, they are very expensive cases because in these types of cases, you need to hire an "Expert Witness" to inspect the chair, write a report about it and it's usage, and testify concerning the chair and all other matters in court. Then, there's the doctors' testimony, and paying for their time in court.

A very expensive and labor intensive situation. If you're even lucky to get an attorney to agree to represent you, his fee at 33 to 40 percent is well-earned. And then, you've got to come up with all of the money for the above "costs" and more.

Good luck to you.

IAAL

He has no intention of hiring an expert witness or anything of the sort. Also, I was already offered my medical exenses paid. I would like to receive compensation for lost work, childcare expenses because I need assistance with my toddler (I can't lift her because of the injuries), and further medical bills, along with at least small compensation for pain and suffering. Why should I pay an attorney who will just get what i was already offered? I am in a small town, and I KNOW he will not hire any witnesses or do much with the case. I feel this has probably happened to several other people (This is a chain in the area), and will probably keep happening. I don't want someone else's life to come to a standstill like mine has. I was to start a new job the folloing day, and if I am not better soon they will hire someone else!

[I AM ALWAYS LIABLE]

My response:

Now you're getting emotional. I'm only telling you what you're going to need, and prove, just to have a fighting chance at winning - - which is not guaranteed at all.

Sorry you're having a rough time. However, people fall off of chairs, or they break, or they slip and fall, for any number of reasons, and they do it all the time. That doesn't mean that someone else is responsible to pay you money. If you can't prove "Notice", you will lose your case before you can even get to the issue of negligence.

Their defense might be that you, at 165 pounds, "plopped" down on the chair, which caused it to collapse. Or, that you knew the chair was loose or flimsy, but chose to sit on it anyway. Who knows? There's a thousand different defenses to this type of case.

I realize this is a tough pill to swallow, but that's the law. Property owners are not guarantors, or insurers, of your safety and well-being while using their property.

Good luck to you.

IAAL

What I am trying to say is that you're right about what it takes to prove the case. i have 3 witnesses to affirm the entire back of the chair broke off and I didn't plop. And if I did, shouldn't a chair made for hundreds (thousands?) of people to dine at withstand that? I would bet everyone HAS plopped into a chair many times without it breaking. I did not plop, and luckily i do have people to affirm that (People i did not know prior to the incident).
Because I feel the attorney should take the time to find other people with probalems with the chairs, get expert testimony etc to earn that 1/3, what I mean is to JUST get medical expenses this seems steep. That was really part of my question.
Essentially what I needed to know is:

What should I expect for that third the attorney is charging in this instance?

What steps would a good attorney be taking? (I guess that is part of question #1 as well)

What amount is fair to be seeking?

Thank you for all of your time and input! :-)

[ccarter]

"I was already offered my medical expenses paid"


How come you didn't take the money for the medical and move on? If you get that chance again you better grab it.

The greater part of my expenses are the lost wages, the fact I will probably be replaced (Thus losing my gainful employment), the help I have had to get because I can't lift anything etc. They can do much for broken ribs. You have 4-6 weeks of pain etc before they heal if all goes right. Your exenses are medication, Xrays and Dr Visits. The medical is a small fraction compared to the other costs incurred due to the injury (Less than $1000).

Jane

[vrzirn]

A very likely scenario if you choose to pursue this is that they will hire someone to surreptitiously videotape you after you have been to their doctor and claimed all this pain and inability to move, bend, lift, etc.
The tape will show you moving a sofa out of your house, lifting it onto a truck and driving away, -all by yourself. Then the diagnosis will be "rule out malingering".
This chain no doubt has lots of in-house attorneys well accustomed to dealing with suits such as yours. Take the medical expense money and get on with your life.
No one believes your altruistic comments anyway.

I got on here just to find out some basic information about what to expect from an attorney and what a good attorney should be doing in this case. Isn't that the point of this site?

What should I expect for that third the attorney is charging in this instance?

What steps would a good attorney be taking? (I guess that is part of question #1 as well)

What amount is fair to be seeking?

Is there anyone with experience that can offer some guidance to this end? Thank you,
Jane

[Juan Rodriguez]

Stopping asking for someone to price your claim, you won't get an answer.

IAAL has given you advice based on what you originaly presented. He's pretty much at the top of the food chain in this site as far as legal knowledge.

You are still in the "acute" stages of your injury. Of course you are in pain after only one week if you have broken ribs and are still bruised. That does not mean that you won't heal and the pain won't go away.

Attorney's charge on an escalating scale based on what course the case takes. 331/3 is usually the minimum of what they will charge on a settlement. For that amount you should expect competent legal advice and representation. He/she will negotiate the best settlement based on the facts of your case.

Let's have a reality check here. You have broken ribs. The pain will go away, they will most likely heal completely and you will not have a permanent injury. That is not a large claim. The only thing you may get beyond payment of your medical bills will be nuisance money to make you go away.