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slipped and got shoulder bone dislocated Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by laskutapa, Jun 8, 2009.

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  1. laskutapa

    laskutapa Law Topic Starter New Member

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    My mother (55 years old) slipped due to wet floors in a non-profit museam and got her shoulder bone dislocated. Can someone answer my questions.

    1. Should i directly deal with insurance company for a settlement.
    2. Should i hire a lawyer who will take probably 1/3rd of the settlement.
    3. Should i hire a lawyer close to my home or close to the accident site.
     
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  2. dee_dub

    dee_dub Moderator

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    It is impossible to answer 1 or 2. I would suggest talking to a lawyer. They know what the going rate for that injury is. (I also note that settlement may not be a sure thing.)

    Hire a lawyer close to your home. Unless you find a better one somewhere else, or the accident site is out of state.
     
  3. PILawGirl

    PILawGirl Moderator

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    There are SO MANY questions that need to be answered in order to even determine if you have a valid case.

    1. What kind of shoes was she wearing?
    2. Were there "Wet Floor" signs out?
    3. How big was the area of water she slipped in?
    4. What is your Mother's height and weight?
    5. Does she have prior injuries to that shoulder?
    6. Did she report the accident to the museum right away? If she didn't they can very well say she slipped somewhere else.
     
  4. arkady39

    arkady39 New Member

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    Slip and Fall

    1. Slip and fall cases are some of the hardest to prove and recover damages for, for several reasons. Among other things, you need to prove that the museum had notice of the dangerous condition and failed to take measure to prevent remedy it. The fact that your mom was a customer on the museum's site makes it easier to potentially prove museum's negligence, but still - having legal representation will make a big difference in this type of case and will usually be well worth attorneys fees especially if the injury is serious/permanent and is likely to have a residual effect of future pain and suffering. Of course, if the insurance company makes a reasonable settlement offer once your mom reaches maximum improvement, then there is no need for an attorney, but in slip-and-fall - this happens very rarely.

    2. The physical location of an attorney depends on how far you live from the site of the incident. I tend to believe that having an attorney in your area of residence would be better, unless the incident took place in the state other than where you reside.

    Thanks,

    Arkady Itkin
     
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