Legal Question in Personal Injury in California

Slip and fall

I fell on an uneven surface resulting in a broken ankle and soft tissue damage. I know I only have 6 months to file a claim and that time will be up shortly.

How should I go about finding a lawyer to represent me and what kinds of questions should I ask?


Asked on 11/19/07, 6:52 pm

3 Answers from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: Slip and fall

Well, you can use any of the referral services on this website, or martindale.com, or the State Bar's website, or handelonthelaw.com, or any one of a gazillion such search enginges. The questions you should ask are what the fee arrangement is. It will probably be taken on contingency. What percentage of any recovery do you get and % does your lawyer get? How does that arrangement change if it goes to trial? What about post-trial work if any? What about costs? Does the attorney front those costs, or expect you to pay as you go? Demand a written retainer agreement and read it very carefully to make sure you understand it all.

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Answered on 11/19/07, 8:51 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Slip and fall

You can read my free special report on Things Insurance Companies Don't want you to know. You'll find it for download on www.MWRothInjuryLaw.com.

Don't wait to hire a lawyer. The lawyer should ask you specific questions about the surface. Inside or outside. Under whose control. Should the danger have been apparent to inspection. Do you know if the condition had been reported to party in control and if so when and what if any action did the person or entity in control of the premises take. Since you mention 6 months, I assume the surface was maintained by a City or County and that this was a public way. There will probably be investigation required to prove that the city or county had actual or constructive notice of the dangerous condition and failed to take reasonable action to repair the situtation.

Make sure the lawyer is willing and able to try the case if necessary. Lots of personal injury attorneys do not try cases and insurance companies and defense firms know that. It makes it more difficult to settle a case for its real value.

Good luck.

Call us if you want. We practice all over the State and try cases out of State as well.

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Answered on 11/19/07, 9:29 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Slip and fall

My colleagues have been thorough and accurate, except for one point.

Did this happen at work, or on the job? If so, it is worker's compensation, and you need a worker's comp. attorney.

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Answered on 11/20/07, 11:11 am


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