personal injury case…my attorney thinks….help?

by admin on July 7, 2010

Ok I fell down a flight of molded/mildewed stairs last august. I was on the clock for work, but I was at a customers house. It was a workers comp case. My back is perminantly screwed up. The dr has released me saying there is nothing more they can do untill my lower back discs explode basically. He gave me 6 pills I have to take to just ease the pain. Muscle relaxers, pain meds, anti inflammatorys, etc…the wc claim was settled simply for back wages and medical up to this point.. my attorney thinks I need to file a personal injury case against the home owners ins since wc can’t pay pain and suffering and future pay lost. I feel bad though. But on the other hand there are days I can hardly walk without crying. I’m only 23, 22 when it happened. What should I do?

Mt attorney keeps telling me not to feel bad and that’s why people have insurance.

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{ 3 comments… read them below or add one }

MSAD July 7, 2010 at 8:39 pm

You don’t sue the homeowners insurance.

You sue the owner.

And your case is not a slam dunk.

That you say the stairs were molded does not automatically mean the homeowners insurance is going to pay you. That in and of itself does not make them negligent.

There is a whole lot to your story that we don’t know. So no one here can give you an opinion on how you would fair in a personal injury claim.

But if you’ve hired an attorney and are paying him a lot of money, why are you asking your questions here?

mbrcatz July 7, 2010 at 8:39 pm

Follow your attorney’s advice. Molded and mildewed stairs . . . that’s flat out neglect, and you’re ONLY 23.

Don Drapers woman July 7, 2010 at 8:39 pm

It’s called subrogation and if the stairs were falling apart, there may be some negligence on the customer’s house. You can collect pain and suffering and punitive damages, however the insurance carrier will have a lien against the customers insurance policy and will have the right to be repaid for everything they paid out for you, plus your attorney’s fees. If there are liability limits to the policy, it may not be worth all the trouble. Your attorney is the person to go to for advice. Lower back discs do not explode, by the way, they can herniate. You will get better, it will take time, really you will get better.

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