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Old 08-15-2004, 11:19 PM
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Join Date: Mar 2004
Location: Coral Springs, Florida
Posts: 1
Question

Is my attorney fighting for my case settlement?


What is the name of your state? FL
I have a slip and fall case where there was a missing tile in a supermarket. I suffered a hair line fracture and soft tissue damage to my wrist and had six months of therapy, medical total 10,000. We have pictures of the missing tile and I was pushing my twins in a stroller when I fell over the missing tile. Anyway, my attorney said they were putting in a high claim for 100,000 hoping to meet somewhere around 50,000. They said to call back in a month after they put in claim. The store came back with 13,500, I declined and then a couple of days later they came back with 15,000 and at that point, the attorney said they were tapped out at 15,000 and that was their limit. I asked lawyer if the medical was paid separately and he did not know, said to call back and talk to assistant who I spoke with and was filing all the papers.

When I called her she said that I was only 2% disabled and soft tissue only and 15,000 was a gift that usually the supermarkets do not want to pay and will usally start at 2500 and end at 7500 for soft tissue but most will just take it court and that a jury will not award me that much money. I asked her if the medical was being paid and she said, it was 10,000 but she made a deal to reduce to 2500 and that it was not being paid separately it would come out of the 15,000 and that I should just thank them and send referrals to them but do not tell anyone about that deal with the medical. They are an injury pain center where I received treatment for my injuries. I need money so I told her okay if she thinks that is best I can get, to take that settlement. However, I feel that is not enough and I should be entiled to more because that does not even cover my lost wages as I am a medical transciptionist and have constant flareups of my wrist when typing. I also have twins and lost preciouis time with them due to injuries and have needed alot of help with caring for them. I feel that 40,000 should be the fair amount, but am taking the lawyers advice that this is a gift and the grocery stores never pay this amount and I should just be glad with that settlement. She said they had a calm conversation on the phone and she had a good rapport with the store and there was no treats or anything. I am not even sure they tried to get more and are fighting this case for me.

Do you feel 15,000 is a fair amount from other cases you may have seen or heard about? I lost about 10,000 from work, 10,000 in medical bills (they lowered it to 2500 ? but not suppose to talk about this with anyone she told me) and that is not including pain and suffering which i read should be between 1.5 to 3 x medical (?) which should total using 3 x amount 40,000-- is this the amount I should receive or just a starting point for negociation.

Can I still decide to change my mind if I get a second opinion that my case is worth more and they are not doing a good job for me? Can I decide not to sign the settlement papers and try to get another attorney to settle for more, or is this a fair amount for my 2% disability. Is it bad to change my mind before the papers are signed about the settlement offer?? I need advice fast as they said they would have the papers within 10 to 30 days, I want to settle faster because I need money, but feel I deserve more and am accepting this only because the lawyers say that is the best I will get, they said I was blessed and the 15,000 is a gift because usually they will not even offer that amount and a jury will not award that much either for 2% disability?
After there 33% and doctor bills I will end up with about $7700...?

Last edited by Redhotrx7; 08-15-2004 at 11:26 PM.
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