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  #1  
Old 10-03-2005, 08:40 AM
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Join Date: Oct 2005
Posts: 9

Slip n Fall in NJ


On Feb. 2nd of this year I slipped and fell on a patch of ice after coming down and out of my friends condo. I had just put my granddaughter in her stroller, got up to take my first step and that's when my foot hit the patch and i went up in the air and down on my left side. I was taken by ambulance to hospital, x-rayed and treated for fractured ankle and left side. I have seen a ortho. for fractured ankle (cast for 6wks.) a neuro. for left arm (numbness in left arm and hand) and chiro. for arm and neck. Had a nerve test done that showed 30% injury in arm and pinched nerve in neck.
Long story short, the condo. assoc. has taken responsiblity and already paid out $5000. in med-pay (cap) towards my bills. I had an attorney up until the 15th of Oct. when I went into his office to sign checks for med-pay and saw on disbursement sheets that he was pulling funds from these for his services. I signed a contingency fee and attorney's are not to pull for their services from med-pay checks. He got angry when I questioned him and said after pay-out of medpay checks I should seek other representation. WRONG, I fired him on spot..I contacted insurance co. to put stop-payments on checks and they re-issued checks to me. I had to send them a letter stating attorney no longer represents me to get checks.
Question is this, they asked me if I was looking to settle claim, I said I would get back to them. I do want to without an attorney. I need some guidelines to go by as far as payouts go. I am clueless on what the payouts are for NJ. Any help or suggestions?
  #2  
Old 10-03-2005, 09:36 AM
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Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by findingnemo
On Feb. 2nd of this year I slipped and fell on a patch of ice after coming down and out of my friends condo. I had just put my granddaughter in her stroller, got up to take my first step and that's when my foot hit the patch and i went up in the air and down on my left side. I was taken by ambulance to hospital, x-rayed and treated for fractured ankle and left side. I have seen a ortho. for fractured ankle (cast for 6wks.) a neuro. for left arm (numbness in left arm and hand) and chiro. for arm and neck. Had a nerve test done that showed 30% injury in arm and pinched nerve in neck.
Long story short, the condo. assoc. has taken responsiblity and already paid out $5000. in med-pay (cap) towards my bills. I had an attorney up until the 15th of Oct. when I went into his office to sign checks for med-pay and saw on disbursement sheets that he was pulling funds from these for his services. I signed a contingency fee and attorney's are not to pull for their services from med-pay checks. He got angry when I questioned him and said after pay-out of medpay checks I should seek other representation. WRONG, I fired him on spot..I contacted insurance co. to put stop-payments on checks and they re-issued checks to me. I had to send them a letter stating attorney no longer represents me to get checks.
Question is this, they asked me if I was looking to settle claim, I said I would get back to them. I do want to without an attorney. I need some guidelines to go by as far as payouts go. I am clueless on what the payouts are for NJ. Any help or suggestions?
any suggestions? Yes, get an attorney.
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  #3  
Old 10-03-2005, 09:40 AM
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Join Date: May 2000
Location: Catatonic State
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yes, and one that you won't have to fire on the spot.
  #4  
Old 10-03-2005, 10:09 AM
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Join Date: Oct 2005
Posts: 9
Quote:
Originally Posted by findingnemo
On Feb. 2nd of this year I slipped and fell on a patch of ice after coming down and out of my friends condo. I had just put my granddaughter in her stroller, got up to take my first step and that's when my foot hit the patch and i went up in the air and down on my left side. I was taken by ambulance to hospital, x-rayed and treated for fractured ankle and left side. I have seen a ortho. for fractured ankle (cast for 6wks.) a neuro. for left arm (numbness in left arm and hand) and chiro. for arm and neck. Had a nerve test done that showed 30% injury in arm and pinched nerve in neck.
Long story short, the condo. assoc. has taken responsiblity and already paid out $5000. in med-pay (cap) towards my bills. I had an attorney up until the 15th of Oct. when I went into his office to sign checks for med-pay and saw on disbursement sheets that he was pulling funds from these for his services. I signed a contingency fee and attorney's are not to pull for their services from med-pay checks. He got angry when I questioned him and said after pay-out of medpay checks I should seek other representation. WRONG, I fired him on spot..I contacted insurance co. to put stop-payments on checks and they re-issued checks to me. I had to send them a letter stating attorney no longer represents me to get checks.
Question is this, they asked me if I was looking to settle claim, I said I would get back to them. I do want to without an attorney. I need some guidelines to go by as far as payouts go. I am clueless on what the payouts are for NJ. Any help or suggestions?
Hey guys- First off, how do you know what a lawyer is gonna do? You don't..He got caught probably cause he thought I was stupid, I'm not..
I really don't want to seek another attorney for him to take 33% (the law in NJ) I've already started doing my homework, bills, reports from docs. info. on internet such as you GREAT people here and really would just like an honest opinion on a first offer..Look, I know it's hard, but I gave you pretty much the jest of the story, so anybody want to throw me a figure? No head games, k..
  #5  
Old 10-03-2005, 10:25 AM
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Join Date: Aug 2005
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Quote:
Originally Posted by findingnemo
so anybody want to throw me a figure? No head games, k..
Okay 50 dollars, yes that is as stupid as any other answer you might be given to this question.

NO one here has your medical records and no one here knows what has happened to this point.
  #6  
Old 10-03-2005, 10:51 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by findingnemo
Hey guys- First off, how do you know what a lawyer is gonna do? You don't..He got caught probably cause he thought I was stupid, I'm not..
I really don't want to seek another attorney for him to take 33% (the law in NJ) I've already started doing my homework, bills, reports from docs. info. on internet such as you GREAT people here and really would just like an honest opinion on a first offer..Look, I know it's hard, but I gave you pretty much the jest of the story, so anybody want to throw me a figure? No head games, k..

**A: OK, k, $2.5 million.
  #7  
Old 10-03-2005, 12:40 PM
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Join Date: Oct 2005
Posts: 9
ok, let me ask a question that I can get a response from.
Is it better for the Insurance Co. to throw out the first figure or me as far as negotiating goes? I already have a figure in mind and the paper work to back it up. What do you think is best. Their figure first or mine?
  #8  
Old 10-03-2005, 12:48 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by findingnemo
ok, let me ask a question that I can get a response from.
Is it better for the Insurance Co. to throw out the first figure or me as far as negotiating goes? I already have a figure in mind and the paper work to back it up. What do you think is best. Their figure first or mine?

**A: it does not make any difference. Just like when you make scrambled eggs, it does not matter which came first, the chicken or the egg.
  #9  
Old 10-03-2005, 12:55 PM
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Join Date: Aug 2005
Posts: 1,964
Quote:
Originally Posted by findingnemo
ok, let me ask a question that I can get a response from.
Is it better for the Insurance Co. to throw out the first figure or me as far as negotiating goes? I already have a figure in mind and the paper work to back it up. What do you think is best. Their figure first or mine?
Get another Atty.
  #10  
Old 10-03-2005, 01:00 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
[quote=findingnemo]On Feb. 2nd of this year I slipped and fell on a patch of ice after coming down and out of my friends condo. I had an attorney up until the 15th of Oct. when I went into his office to sign checks for med-pay and saw on disbursement sheets that he was pulling funds from these for his services.

**A: how could you go to your attorney's office on Oct 15th? Are you living on a different calendar year than we are? Does NJ have a grandiose daylight savings time travel?
  #11  
Old 10-03-2005, 01:04 PM
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Join Date: Oct 2005
Posts: 9
Thanks Homeguru-I am calling today and will probably laugh at their offer..
Sorry, I meant Sept. 15th..(you all knew that) it's called getting old (they say the mind is the first thing to go)

I know some of you are saying get another atty. If I don't like what they offer and can't budge them then that's what I am gonna do..
  #12  
Old 10-03-2005, 01:07 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Then good luck, you're gonna need it.
  #13  
Old 10-03-2005, 01:15 PM
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Join Date: Oct 2005
Posts: 9
Thanks,
I don't think I will need any luck..It either will go my way or it won't..If it doesn't then I just seek another atty..and wait another year to settle, (that's what I am trying to avoid, waiting another year) but if that's what happens then that's what happens.

I'm hoping for the best

thanks again and i'll let ya know the outcome
  #14  
Old 10-03-2005, 02:10 PM
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Join Date: Oct 2005
Posts: 9
He offered me $6000. and that's not including the $5000. in medpay that went to medical bills that they already paid out. I totalled my medical bills and they have come to approx. $8000. sooooooooo I am thinking about going back to him (I told him to give me 24hrs.) and asking for the $3000. to cover the remainder of my meds. and make the total for $9000. and grabbing it..

What do ya all think??
  #15  
Old 10-03-2005, 02:25 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by findingnemo
He offered me $6000. and that's not including the $5000. in medpay that went to medical bills that they already paid out. I totalled my medical bills and they have come to approx. $8000. sooooooooo I am thinking about going back to him (I told him to give me 24hrs.) and asking for the $3000. to cover the remainder of my meds. and make the total for $9000. and grabbing it..

What do ya all think??

**A: offer $12K and accept $10K.
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