writing a legal letter?

Question

Is there a website that helps you write a letter (re: personal injury) to present a property management where I had fallen on the stairs and had to get stitches on my head and I believe I may have more ongoing issues with my r. arm (I'm right handed) that is still giving me excruiating pain, even as I type this. I've called about 12 personal injury attorneys but since nothing was ever given in to the prop. mgmt. "in writing" that the stairs were in in need of repair, they said I should just handle it myself. They were called and the stairs were reported but by phone only. Please..any help would be greatly appreciated

This happened while I was visiting a friends house, not my own.

Answer 1

It sounds like your injuries are more the reason they are turning you down. There does not need to be a prior letter - a skillfull attorney could prove that the steps were defective based on a theory of "constructive notice" depending on how the stairs looked. If they were in bad shape (i.e. warped wood, cracked, or just plan looked old and beat up) that would be sufficient.

There is a legal principle called "constructive notice" that says if the condition looked as if it was in existence long enough that a premises owner SHOULD HAVE KNOWN then that is sufficient. Again, this would depend on the condition of the steps and how they looked before your accident.

Also, if they were called before your accident that too would be sufficient if you could get that person to agree to sign an Affidavit or testify if you filed suit. The law does not require that the notice be in writing.

But, to be honest with you, if you called me and told me all you had were some stitches and an as-yet undiagnosed arm injury, I too would turn your case down.

Get some pictures of the stairs immediately. Then, go get some treatment for that arm. You may need some nerve testing to find out what is going on. If your only injuries are stitches and a painful arm that hasn't been treated by a doctor, then your case is going to have very little value, maybe $1500.

Any personal INJURY case is going to live and die on the medical records and medical treatment. If you have nerve damage or something else long-term with that arm, or at LEAST a scar where the stitches were, then you should have a case that a lawyer would take. However, a self-diagnosis of arm pain is NEVER sufficient for a lawyer to pursue a case.

Until you get some additional treatment and get a doctor to tell you whether or not you injured that arm, no lawyer is going to take that case.

Answer 2

What do you hope to gain by writing a letter now? Do you think the property mgmt office is just going to give you money?

The issue about writing the letter before the injury is to show that the mgmt company had notice of the potential for harm. That's often a requirement to win a negligence claim.

If you can't find an attorney wiling to take your case, you might want to consider small claims court. It's more limited, but neither side can have an attorney, so the odds might be better for you.

Answer 3

If you do write a letter, send it certified, return receipt, and be sure to mention your initial phone call (time, date and content, if possible). Describe the details of the stairs and your injuries so there can be no doubt as to what you are referring to. Keep your own copy. Then, when you've sent it, contact the injury lawyers again. The big ones (like Jacoby and Meyers) aren't so bad. After all, they all get a slice, so they are motivated.

Answer 4

Im so sorry I dont know of any websites Im sure there are. But you need representation. Dont give up looking for a lawyer. I had the same reaction when a teacher beat my son up and when a doctor stuck my son like he was sewing with one of the vaccination needles. In the mean time go down to your local courts and catch one of the court clerks, explain every thing and they will put you on to someone. Also start writing down for yourself the chain of events. it doesnt have to be in legal talk but it needs to be clear. type it up. write down every thing. Make a copy for yourself. This will come in handy for the lawyer that takes your case. Try calling 1 888 I can sue. Dont stop make calls every day lookng for your representation. Go on line type in personal injury or accident and also lawyers. Good Luck.