Legal Question in Personal Injury in Florida

Slip and Fall

I had a slip and fall accident on a wet floor at a set of stairs that had an ice machine right next to it. My atty is just getting ready to file a demand but it has been a full year, is this normal? I'm going completely broke finiancially because I broke my scapula and ribs and I'm having trouble going to work. Will atty's share the contig... if I switch to another atty?


Asked on 8/05/07, 9:21 pm

2 Answers from Attorneys

Elizabeth Herd Morgenstern & Herd, P.A.

Re: Slip and Fall

Remember that you must wait to attempt negotiation of your claim at a time when you believe that you are aware of all of your injuries. I cetainly don't know all the aspects of your case, but getting your claim to demand within a year of your injury is pretty quick. There are times when it is risky to send your demand sooner and times when it is helpful. I would encourage you to talk to your attorney about your question. It is usually very helpful for you to understand all the aspects of your claim.

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Answered on 8/06/07, 10:40 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Slip and Fall

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.

If you decide to change attorneys, your original attorney will be entitled to compensation for quantum meriut and not on a contingency. Usually it is paid from the portion of the monies that the new attorney will get. You should discuss this with any attorney you consider hiring and ask how they will handle paying the original attorney. Make sure this is resolved prior to hiring someone because you do not want your settlement held up later by a dispute with the attorneys over fees.

Scott R. Jay, Esq.

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Answered on 8/05/07, 11:54 pm


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