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Trip and fall.

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JustAPal00

Senior Member
What is the name of your state (only U.S. law)? FL

My 70 year old father was shopping in an antique store in Florida. My parents are snowbirds down there for 3 months. While shopping he tripped over a small container placed on the floor to catch rain water dripping through a leaky roof. He shattered his elbow and required a weeks stay in the hospital, two surgeries, and numerous screws and plates in his arm. My father's health insurance is taking care of the bills now, minus his portion. My questions are:

Should he see a lawyer prior to speaking to the businesses insurance company? Or should he contact them and see what they have to offer?

The medical bills are approximately $100k, If her were to retain a lawyer, would the lawyer take a percentage of the medical portion of the settlement? If so would the amount of the bill be reduced by that much or would that portion come out of my father's part of the settlement?

With Florida being a "comparative negligence" State, if my father were found 25% at fault, would his insurance company be forced to accept 25% less of the settlement?

Any help or opinions would be appreciated.
 


ecmst12

Senior Member
He should talk to a lawyer and ask these questions. Normally, lawyers only take a percentage of the settlement AFTER medical bills are paid, the pain and suffering portion.
 

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