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Slip and fall

Discussion in 'Accidents, Injuries, Negligence' started by Queenbee1, Aug 16, 2018.

  1. Queenbee1

    Queenbee1 Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    I had a slip and fall. Last year in June. I filed suit June 3,2018. Now the corporation offered 1 million dollars, mind you , my attorney says it's probably a misprint, however, my question is, why couldn't I accept the offer instead of letting it go to Federal court, where he says I'll probably loose? If I accept their offer, does it still have to go to court? Feeling raolroaded!!!
    Thanks
     
  2. army judge

    army judge Super Moderator

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    You should speak ONLY to your attorney about this matter.

    If you no longer trust your attorney, hire yourself a new attorney.

    Don't take advice from starnagers.

    Don't speak about your legal matters with anyone but your attorney, or someone you are interviewing to possibly become your attorney.

    Don't believe anything about your case you might read via the internet.

    Why?

    You have TOO much at stake to lose by seeking the advice of people you know NOTHING about.
     
  3. Queenbee1

    Queenbee1 Law Topic Starter New Member

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  4. Queenbee1

    Queenbee1 Law Topic Starter New Member

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    That's sad! Even misleading!! I think you should change your online ad!! Free legal advice??? Some kinda advice!!!
    Thanks
     
  5. army judge

    army judge Super Moderator

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    Wouldn't it be sadder if a stranger gave you BAD or ridiculous legal advice?

    If you were bleeding from your ears, would you try to seek medical advice for FREE over the internet?

    Be thankful no one on this site dispenses "legal advice".



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  6. zddoodah

    zddoodah Well-Known Member

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    Huh?

    What does "letting it go to [f]ederal court" mean? You told us you filed suit ten weeks ago. Did you file in federal court or state court? If the latter, is the defendant seeking to remove the case to federal court?

    You're obviously free to have your lawyer communicate acceptance of the settlement offer. If it's a "misprint," you'll find out soon enough. If you're thinking that accepting the "1 million dollar[]" offer will force the defendant to pay that amount, you're wrong. If your attorney writes to the defendants attorney and says, "my client accepts your offer of $1,000,000," and if, in fact, the offer was a mistake, the plaintiff's attorney will simply by responding that "that wasn't the offer; there was a typo" (or words to that effect).

    Query, however, why you're asking anonymous strangers on the internet for input about this when you're represented by counsel.

    Again, you told us you filed suit, so it has already "go[ne] to court."

    Again, huh?

    Online ad? I doubt very much that this site runs ads that claim to provide "free legal advice" or "legal advice" at all.
     
  7. Queenbee1

    Queenbee1 Law Topic Starter New Member

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    First, once lawyer filed the lawsuit on your behalf, the statute of limitations is no longer a factor. The life of a lawsuit is marked by certain events that do have time limits. Before those time limits begin to tick, the other side has to receive service of the lawsuit meaning they are formally served a copy of the complaint (lawsuit). Once the defendants receive service (service perfected), an answer to our complaint must be entered or filed with the court within 30 days. Afterwards, we enter into the first formal phase of litigation: written discovery.
     
  8. Queenbee1

    Queenbee1 Law Topic Starter New Member

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    Now that's free!!
     
  9. mightymoose

    mightymoose Moderator

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    How does a slip and fall case get to federal court?

    The questions you have asked here can only be reasonably answered by the attorney you already hired. That is the person with the knowledge of the case. Anyone else is guessing.
     
  10. army judge

    army judge Super Moderator

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    A civil Case between citizens of different states can be heard in federal court if the amount in controversy exceeds $75,000 (under diversity jurisdiction of our constitution).
     
  11. mightymoose

    mightymoose Moderator

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    Oh... I didn't see the detail about different states
     
  12. army judge

    army judge Super Moderator

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    I took it to be implied, if its true, because the defendant is likely a business with Corporate HQ in another state doing business in the state where the OP shopped & fell.
     
  13. zddoodah

    zddoodah Well-Known Member

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    In addition to diversity jurisdiction, it could also get to federal court if it occurred on federal property.
     

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