Legal Question in Personal Injury in Maryland
trip and fall case-broken arm-lost case
tripped over wire affixed to aisle 3'' from floor.
broken arm,injured knees.(warehouse store).
lawyer was terrible,didnot connect my witness
until 22 months later,discoveries were not
requested. Store paid my witness to lie.Store
employees lied. I lost. Employees stated they
never had anyone trip & fall over wire and the
wire was 3-4 foot off the floor. Recently found
the same lawyer tried another trip and fall
at same store two months ago and plaintiff
won that case. I want to appeal with a new
attorney. Please advise me. I was made an
offer of $27000.00 to settle prior to trial and
opted for Jury trial. I want to appeal.
1 Answer from Attorneys
Re: trip and fall case-broken arm-lost case
First of all, any appeal must be filed within 30 days of the entry of judgment after trial, so if you haven't done anything about it as of now, it's probably too late. Second, you can't appeal just because you're unhappy with the outcome. There must have been a legal error committed by the judge and that error must have had a real effect on the outcome. For example, if the judge admitted evidence that he should have kept out, or kept out evidence he should have let in. Another example would be if the judge gave incorrect instructions to the jury.
These cases are always difficult because the jury often believes you were partly at fault for not seeing the dangerous condition before you encountered it. The fact that your lawyer was successful in another case really has nothing to do with your case--each case stands on its own merits. However, it sounds from your question that he did a sloppy job of preparing. If the independent witness' testimony was helpful to the store, serious consideration should have been given to the settlement offer.