Is my lawyer supposed to pay me back for an injury? 2 Answers as of April 10, 2012

isn't my lawyer suppose to get me back pay as well as pain and suffering when settling my personal injury slip n fall case

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
It depends on many things....liability for openers. Slip & fall cases are very difficult to prove liability in many instances, as you have to prove the landowners knew or should have known of the condition that caused your slip and fall, and the condition that caused your slip & fall should not have been easily observable by you. That's a tough burden. I would be willing to bet that your lawyer argued for all of the medical bills, lost wages and pain & suffering, but the insurance company probably argued you wouldn't win the trial, so your case got resolved somewhere between the best value of the case and losing the case altogether.
Answer Applies to: Florida
Replied: 4/10/2012
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Recoverable damages vary from case to case. Moreover, in the vast majority of cases that are settled there is no specific break down. You simply agree to an amount, which is usually some figure between the maximum you think you could recover from a jury if everything went perfectly at trial, and the lowest amount you think you could get (often zero). How big the number is depends on a lot of factors including the strength of the liability case (is it a clear cut liability case, or does the defendant have a good chance of convincing the jury it was just an accident that was no one's fault), whether there are disputes about the injuries (some doctors will disagree about causation or severity of injuries), and many other factors. It is important to keep in mind that a settlement is a compromise. Virtually every settlement involves the plaintiff taking less than he thinks he could recover from the defendant in a jury trial if everything went perfectly, and the defendant paying more than he thinks would be his best day at trial. Both sides do their best to come up with a fair compromise, and if a number is agreed to you have a settlement. Your lawyer should be able to explain all of these concepts in more detail.
Answer Applies to: Florida
Replied: 4/10/2012
Click to View More Answers: