Client Receives Less Money After Trying Case, Receiving Verdict of $70,000, And Ignoring Advice From Their Attorney

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Client Slips And Falls In Publix Supermarket

Our client, who was a middle aged woman, slipped and fell in Publix on water. The fall caused her to fall on her knee and suffer a small fracture to her knee cap. Not knowing what to do, our client called the Orlando Slip and Fall Attorneys Dell and Schaefer. Our firm quickly took the case and began the process of zealously representing her interests. Our client underwent an intense physical therapy regimen as well as a small surgical procedure to repair the damage to her knee.

Dell and Schaefer Negotiate With Publix

After our client finished with the treatment, our firm filed a bodily injury demand with Publix. We did not file a lawsuit at this time, rather we sent in a demand letter which is the customary way to resolve cases without the need for litigation. After a lengthy negotiation, our firm was able to negotiate a top offer of $65,000 with Publix. This amount would be full and final satisfaction for the minor hairline fracture our client suffered in her fall at Publix. Our client was about to settle the case, when her daughter stepped in and convinced her mother she would be better off at trial. Our firm pleaded with our client not to go to trial, that based on our experience this offer was a fair offer and the client should settle. Nevertheless our client refused to sign the paperwork.

Our Client Hires Another Law Firm

Against our advice, our client rejected the final offer from Publix and instead hired another law firm that promised her she could get substantially more money at trial. Two and a half years later, when the case finally went to trial, our client was given a verdict of $70,000 by a jury. Now at first glance an additional $5,000 sounds like a lot of money. However, the actual breakdown shows the client is worse off. When our firm represented her, our attorney fee was only 33%, which was standard for settlements without a lawsuit filed. Because the new firm filed a lawsuit, the attorney fee went to 40%. In addition, when our firm represented the client, the case and court costs were less than $500. Because the new firm filed a lawsuit, the case and court costs were around $10,000. So after you factor in the increased attorney fee, the increased court costs, and the extended time period for which the client will receive her money, she did worse by filing a lawsuit. In short, the client got less money in her pocket, and had to wait two and a half more years to get her money.

Our firm has been around since 1979. We have the experience and knowledge beyond that of most other attorneys in Florida. Our firm knew the offer from Publix was fair. Our firm knew the right thing to do was settle for $65,000. There are a lot of predator law firms out there that will insinuate they can get you money that they know they can’t get. Beware of predatory law firms.

If you are hurt in any type of accident, call Dell and Schaefer. We do not charge a cost or fee unless we recover money for you.

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