Legal Question in Personal Injury in California

How much should I settle for a slip and fall?

I was in a department store when I slipped and fell

down an escalator.The slip was caused by a liquid

spilled on the escalator.I fell on my back and neck. I

already had back pain due to a fall from when I was a

kid, but my back is killing me now.

Are they responsible for my fall? How much should I

settle for?

Should I hire a la


Asked on 9/27/00, 9:01 pm

5 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: How much should I settle for a slip and fall?

There are lots of questions I would need to ask, most importantly, what are the extent of your injuries? If you are located in Southern California, and would like a free telephone consultation give me a call at 818-342-8020 x1

Read more
Answered on 9/28/00, 5:22 am
John Hayes The John Hayes Law Offices

Re: How should I handle a slip and fall

If you haven't been checked out by a doctor I would make an appointment immediately. A general practitioner can take x-rays to make sure nothing is broken. After you see your regular doctor, I strongly recommend that you seek out a good chiropractor. A chiropractor can help you heal injuries a regular doctor can't. A chiro will probably have you come in for treatments 2-3 times a week for the first couple of weeks. You will only go that often for the first couple of weeks. I can't stress how important it is for you to go to a chiropractor. All of my clients who need that sort of treatment are a lot happier and feel a lot better after they start treatment with a chiropractor. If your back and neck aren't aligned properly they will not heal properly and the pain you are in now may lessen but it may never go away.

If you have to miss work, keep track of every single minute you are away. You can make a claim for lost wages. You may want to hire an attorny if you work and do not have the time to deal with insurance companies or medical bills. My job is to handle everything for my clients while they do their job and work on getting better. The other advantage of hiring an attorney is any medical bills your medical insurance pays you have to reimburse them at the end of the case. If you hire an attorney the insurance company has to reduce their amount by one-third to account for attorney's fees. If you do not have medical insurance or your medical insurance does not cover chiropractors, I can arrange a lien for you. This means that you pay the doctor when your case is settled. I can handle your case on a contingency basis which means I get paid when the case gets settled so you don't have to worry about any money out-of-pocket.

I hope this information has helped you get started in the right direction. If you are interested in speaking with me regarding retaining my services, or if you have any questions,I do offer free, no obligation consultations. I handle cases throughout the state. My main office is in San Luis Obispo, which is half way between LA and San Francisco. I also have satellite offices in the Bay Area and Fresno. You can reach my office toll free at 877-546-9918, or by email at [email protected]. If I don't hear from you, I wish you the best of luck.

Sincerely,

John Hayes, Esq.

Read more
Answered on 9/28/00, 7:17 am
Jeffrey Zinder Zinder & Koch

Re: How much should I settle for a slip and fall?

The fact that you had a prior condition is important, but it does not mean that the department store is not liable for any change in that condition. First you must be properly evaluated by your doctor who has been caring for you before the accident. If you were not under active care for the prior condition you must be evaluated by an appropriate doctor. Then you should be treated as appropriate. You have one year within which to file any lawsuit, so do not be in a hurry to settle. At the present time you are not even aware of the nature and extent of your injuries.

You may not need a lawyer, but I think that you do. The department store will no doubt claim that they did not have notice of the spill and therefore are not legally liable. However there are a number of ways that they may be liable and you really need a lawyer to help establish not only the settlement value of your claim but also the liability issues. I have over 20 years of experience with these types of cases and one of the attorneys in my office has particular expertise in elevator and escalator cases. If you would like a free consultation and you are in the greater Los Angeles area please call me at 818-760-0100 ext. 101. Good luck and just make sure that your condition returns to your pre-accident level before you are in too great a hurry to settle.

Read more
Answered on 9/28/00, 10:05 am
Joel Meskin Law Offices Of Joel W. Meskin

Re: How much should I settle for a slip and fall?

Whenever you slip on a substance, there is a "potential" case. There are issues regarding the substance, how long it was present, whether their was notice, etc. A slip and fall is fact specific. If you would like to discuss it with more facts, please contact me.

Read more
Answered on 9/28/00, 12:18 pm
John Bisnar Bisnar & Chase, LLP

Re: How much should I settle for a slip and fall?

Are they responsible for your fall...depends upon many factors not provided in your question. What should you settle for...this isn't the time to even consider that question. How much to settle for depends upon many factors, some of which are, (1) the extent of your injury (physical, emotional, financial); (2) the strength of your case; (3) the financial condition of the defendant; (4) your financial condition; and (5) Etcetera. The factors I look for in a strong case are (1) What casued the fall (liquid); (2) Do I have any witnesses; (3) Was there a report made at the time of the injury; and (4) the inuries of my client.

These type cases are some of the most difficult in the personal injury field. Get yourself a very good personal injury firm (does nothing but personal injury) and let them take care of it for you. You spend your time getting on with your life and recovering from the physical and emotional damage from the fall. Bisnar & Chase have a history of successful outcomes in Slip & Fall cases (that's what we call them). A few years ago we recovered over a million dollars in a Slip & Fall case. All the good personal injury law firms will provide a free consultation, advance all costs and you pay no fee until they recover for you. Get a good law firm on your side. John Bisnar (800) 956-0123. Of course we would love to be your first choice for representation. And, please don't have any communication with the department store or their representatives until you have consulted with a good law firm.

Read more
Answered on 9/28/00, 1:56 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California