slip and fall question?

Question

ok friiday night i slipped and fell on a patch of ice. it was black ice in a parking lot and my friend also fell right next to me you could not see it at all. i broke my leg and have to have surgery on fri and can not walk on it ie work for over 2 months. i did talk to a laywer who told me to try and work it out with the landlord first. i called them and told them i dont want to sue them for a big amount of money like some people would i am just interested in having my medical bills covered and lost wages bc i now have no way to pay my bills for over 2 months. she told me it was not their decesion that it was between my insurance company and their insurance company if i get any money for lost wages. she said my insurance would call me and ask if i wanted to do that. i have never heard of that before and i feel like i am getting the run around. i dont want to call and bother the laywer again bc he was nice enough to give me free advice in the 1st place. have u every heard of that?

** the laywer was the one who recommended that i work it out by myself with the landlord, im not trying to extort anyone.

Answer 1

Be wary of the answers you receive. First, trying to work a settlement out with the landlord is a good approach; however, your insurance company (I assume health) and the landlords (liability) will only work out who pays for the medical. In other words, your insurance company will look for reimbursement only for that it pays. If it is health insurance, then it does not pay for lost wages and that you need to work on.

Further, the answer below about slip and falls and ice is partially correct. Slip and falls are tricky and can be complex. There are evidence issues. Every jurisdiction is different as is every situation. This is where formal legal advice is useful, although can be costly.

In this situation, only you can look at for you. Do not expect either of the insurance companies to fully protect your interests. it is important to do a cost/benefit analysis for legal advice (your damages like lost wages, any future impairments due to the leg injury, may or may not happen depending on your job and injury severity)

Also, it is important not to settle your medical claim with the landlords insurance without your insurance being notified and after you leg is healed to the fullest extent. To do so risks loss of coverage by one or both insurance companies if the leg does not heal properly after surgery.

I wish you well and good luck.

Answer 2

Ice is a tough thing to sue for. The reason why is that unless you're in Florida or some other warmer state, ice when its cold is not unexpected, therefore you should have been watching for it. You may be out of luck because of this. I'm sorry about that answer, but its the way it works, I did the same thing a few years ago at work and found out the hard way.

Answer 3

If you are looking to get money from the landlord, you must let the insurance companies work it out. You contacting the landlord yourself could sound like extortion, as in: If you settle with me in person, I won't call my insurance company or a lawyer.

That's not the way it works....Notify your insurance company and give your agent the details. Let them work it out for you.

Answer 4

First you will need to prove that the owners deliberately or carelessly left that patch of ice for you to fall on. Damn man it is cold outside what did you expect to walk on warm dry pavement ?Oh but you can always sue after all that seems to be our new American way of life. Making someone else liable for our errors in judgment and not taking responsibility for our own actions. Why did you not you wear cleated shoes.

Answer 5

i dont know man but i hope things work out for you.