Legal Question in Personal Injury in California
my premises liability lawsuit, filed over 14 months ago is ready to be mediated. Medicals and specials total over $105,000 (2 complex rotator cuff surgeries and soft tissue injuries in back and neck). My lawyer wants to try to get my medical bills discounted (why), and wants to open the mediation negotiations asking for $280,000 (why so low, when the lawyers agreement pays them 40% of total settlement). I was off work 4 months due to injury, pain and medication for over 1 year. Still in pain and taking medication. (Premises liability case - fell through storage area floor in rented condo - structural engineer has reported storage area floor is defective and unsafe). Management company of condo failed to ever inspect condo for any safety issues - state of California. What would a reasonable settlement offer be?
2 Answers from Attorneys
I wouldn't venture to second-guess your attorney. Your attorney has a much better handle on the issues in your case than would I with your brief, but excellent, description. If you disagree with the opening amount, you should have a candid conversation with your attorney and discuss negotiating tactics and strategy. Don't be surprised, by the way, if the defendant opens very low -- so low, that you might be tempted to walk out. Don't do so, though. At the end of the day, the number should be closer to (but probably not at) the amount you'd like to receive.
My law firm handles slip and fall / trip and fall cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.
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