Legal Question in Personal Injury in Florida
falling window on commercial property
I was invited for an interview in a commercial office, and the sliding glass window in the wall of the reception area, was not seated, and when attempted to slide open by the worker, fell, slamming me on my arm/hand on its chrome edge. Further, I began screaming in pain shouting to call 911 and the worker (male) came at me and opened the door and ordered me out in a threatening manner. I hired an attorney who filed a circuit civil suit. (I have a copy) I later found out that the paperwork was a fake - his explanation was his former assistant made up a case number and it was never filed. He then informed me that the insurance company said I had too many prior claims and he sent me a release for $5k. I have nerve damage as a result of this window falling on me. I explained to this attorney that I will not sign this and he said it is in my best interest to do so. Signing this would state this did not occur in my opinion. Also I told him in writing his services are no longer needed and he refused to accept this. I feel I have a good case, I was in that office no more than 60 seconds and due to their negligence and no fault of my own I was injured. I have to pay for further medical expenses. What are my options?
4 Answers from Attorneys
Re: falling window on commercial property
What a mess. There was an attorney in Tampa that was caught filing a fake appeal after he lost a case. Wrote both sides of the briefs and even faked an appellate "decision." I believe that he was disbarred.
If you have not signed the settlement paperwork you should not without getting some advice from a "real" lawyer. Certainly, it does not appear that you can trust whatever your current lawyer has to say. Thankfully, he probably has not ruined your case, but you will need a good lawyer to evaluate your claim to determine how to best proceed. Probably, your next step is to file suit. Please contact me if you would like to discuss the matter further.
Re: falling window on commercial property
Depending on the date of accident, you may have still have a claim.
Re: falling window on commercial property
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It appears from your fact pattern that you have no confidence in your lawyer and already told him that his services are no longer required. At this point, you should retain a new attorney that you feel comfortable with to pursue your action against the commercial entity.
At the same time, you may wish to explore the potential for a legal malpractice action against the attorney IF you were damaged in any fashion. If the case has not be compromised and the statute of limitations is still intact, then you may have been inconvenienced but not damaged as a result of his games. Of course, if the attorney did provide fake paperwork to you, you can also file a complaint with the Florida Bar which would take this very seriously.
Scott R. Jay, Esq.
Re: falling window on commercial property
You are right; you do not have to accept the settlement offered to you and you have a right to terminate the services of your lawyer and seek one that will better protect your interests and look to compensate you fully for your losses.
Feel free to contact my office if you would like to further discuss this. Thank you.
www.santamarialaw.net
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