Making Mediation Work: A $350,000 Settlement in the Mediation of a Bronx Trip and Fall Case February 3, 2012
Posted by Carol L. Schlitt in Slip and Fall, Trip and Fall.Tags: Bronx slip and fall, New York Personal Injury Lawyer, personal injury mediation, personal injury settlement, slip and fall settlement, Stairway Accident
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In working to resolve cases in my client’s favor, I will sometimes engage in a formal mediation process. In this particular case, mediation led to a $350,000 settlement. Let me share some information about the case and the mediation process.
The Facts of a this Bronx Stairway Injury Case
A Bronx Home Health Aide arose to go to work one morning. As she walked down the stairs in her apartment building, she slipped, tripped and fell on some construction debris left on the stairs. The incident left the woman with a broken ankle that required surgery. The woman asked me to represent her in an effort to collect compensation for her injuries. We investigated the incident and built upon a strong case. We presented a Settlement Proposal to the defendant and participated in a mediation. After the mediation, we settled the case for $350,000. The settlement enabled the woman to relocate her family to Florida.
Proving Negligence in a Slip and Fall Case in the Bronx
To prove negligence, we needed to show that the landlord either caused the condition that injured my client or show that the landlord had prior knowledge of the condition and an opportunity to either remove the hazard or warn tenants of the problem. In this case, we traced the debris on the stairway to construction conducted by the landlord in the building. Our interviews with our client and other tenants also found that many tenants had complained about the debris. And we found tenants with photos of the debris and one woman who had taken a video of the aftermath from my client’s fall. This evidence helped us build a strong case to prove that the landlord defendant had both created the hazardous condition and had extensive warning about the hazard.
Settling a Case through Mediation
In my practice, after I complete my investigation, I present a Fact Sheet to my clients to review the fact pattern in a case. After my client’s medical condition stabilizes and I collect all the medical records, I prepare a detailed Case Assessment that examines liability and damages and determines the current value of the case. I review that document with my client and with their approval, I present a Settlement Proposal to the defense. Many attorneys simply submit a number as a settlement proposal, but I present a full package including a summary of the facts of the case, an analysis of liability and damages and all the supporting evidence. Doing so provides the defense with the information they need to assess the case and frames the case in the best light for my client. This approach yields a high rate of early settlements for my clients.
In some cases, defendants prefer to take a case to mediation or arbitration. This can be particularly true in higher value cases. I usually try to resolve the case before waiting for a mediation or arbitration, but many adjusters like the cover that mediation affords them. If questioned by a superior about a large settlement, they can say, “That’s what the mediator suggested” or “That’s what the arbitrator determined.”
A mediation and arbitration operate the same except an arbitration is binding and a mediation is not. The keys to success lie in preparing well, preparing as if preparing for a full trial, and selecting the right mediator. It is important to know the mediators and arbitrators to make sure that you can avoid picking one who tends to favor defendants. My experience and contacts in the field enable me to know many of the leading mediators.
A mediation usually begins with each side presenting the basic outline of their case. There are no witnesses; often the defendant and plaintiff are not present. The mediator will meet with each side individually and then try to mediate the case either by bringing the two parties together for joint conversation or shuttling back and forth between both parties.
In this case, my client did not attend the mediation, but we had carefully reviewed the case and my assessment in advance and had an agreed upon value of the case. I was able to negotiate an offer that exceeded my client’s expectations which made accepting the offer easy to do.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Settlement for a Slip and Fall in a Bronx Stairway January 23, 2012
Posted by Carol L. Schlitt in Slip and Fall, Stairway Accidents.Tags: New York Personal Injury Lawyer, personal injury settlement, Slip and Fall, Stairway Accident
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In late June 2011, a mother went to pick her daughter up from a charter school in the Bronx. While walking down an interior stairway, she slipped on a small puddle of water, fell down several steps and injured her ankle. A trip to the emergency room at Lincoln Hospital revealed she suffered a fractured ankle (lateral malleolus). The woman asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the insurance company for the charter school, we reached a settlement. In just over four months from the date the woman retained me, we settled her case, making for a very pleased client.
A Slip and Fall in a Bronx Stairway
In this case, the woman had left work to pick her daughter up at school. It has been raining much of the day and the woman dressed for the weather and brought an umbrella. She walked down a long hallway in the school and then went up a stairway to her daughter’s classroom. After speaking with her daughter’s teacher, the woman began walking back down the stairs.
She held onto the hand rail with her left hand and carried a small plastic bag in her right hand that held her umbrella. As she reached the second step, her foot slipped on some water and her feet went out from under her. She fell backwards and went down the remaining flight of stairs. Her right leg bent underneath her and she heard a “pop.”
The woman lay in pain at the foot of the stairs. She tried to get up, but felt too much pain in her right leg. A school official came to her aid and called an ambulance. The ambulance took the woman to Lincoln Hospital.
Proving Liability in a Stairway Slip and Fall Case
The challenge in this case was to prove that the school was negligent in allowing the water to gather on the interior stairway and not cleaning it up or warning people about the hazard. In this case, we had the statements of our client and her daughter. We had photographs and diagrams of the incident as well as an ambulance report, all of which we used to support our case. The insurance company for the charter school argued that the school could not prevent water from coming inside on a rainy day, but we showed how this was not an exterior stairway, but a stairway well inside the building.
With this evidence and the way we built our arguments, we were able to present a convincing case to the defendant.
Settling a Slip and Fall Case Quickly and for Good Value
After investigating the case and after my client’s health status stabilized, I prepared an assessment of the case. I reviewed the case assessment with my client and then presented a Settlement Proposal to the defendant’s insurance company. I do all I can to move my clients’ cases as quickly as possible. Once I presented the Settlement Proposal to the insurance company, we entered into negotiations. The adjuster posed certain challenges and requested some additional information. I responded as quickly as possible and demonstrated both the thoroughness and strength of our case. We were able to settle the case for good value at an amount that pleased my client and we did so in less than just over four months from the day my client retained my services.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
$20,000 Settlement for Truck Driver Hurt When Stepping into an Uncovered Drain in New York May 9, 2011
Posted by Carol L. Schlitt in Pedestrian Accidents, Premises Liability.Tags: New York Lawsuit, New York Personal Injury Lawyer, New York Settlements, ny personal injury attorney, Open Hole Case, personal injury settlement, Premises Liability, Trip and Fall, Uncovered Drain, Workers' Compensation
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An out-of-state truck driver was injured while making a delivery in Westchester County. The injury required stitches and left the man with a small scar on his shin. The property owner agreed to settle the case for $20,000. Let me share some of the facts of the case and the basis for the settlement.
An Uncovered Hole Leads to an Injury
This incident occurred in the loading dock area of a large retail operation in Westchester, New York. There was a trench in the parking lot approximately one foot wide and several feet long. A metal grate normally covered this trench to protect pedestrians from injuring themselves. Part of the metal grate had broken off and vanished leaving a hole.
In this case, the property owner neither repaired the metal grate nor put up any warnings about the hole. The out-of-state truck driver had no reason to expect that a trap lay waiting for him when he stepped out of the cab of his truck. As he walked towards the loading bay, his foot fell into the uncovered trench ripping a hole in his leg. An ambulance took him to the hospital where the doctor used staples to bind the wound. After the wound healed, the incident left him with a small scar on his shin. Only 21 years old at the time of this incident, the man will have the scar for the rest of his life as a reminder of the property owner’s negligence.
The lessons here:
- Property owners need to maintain their property to keep it safe for pedestrians.
- If problems develop, property owners have an obligation to warn pedestrians of hazards.
The investment in a warning cone or a new grate would have prevented this man’s injury and saved the property owner $20,000.
The Settlement Process for a Injury Case
After completing my investigation into this case, I reached out to the defendant to see if they were interested in resolving the matter through an early settlement. While they expressed some interest, the defendant needed to see clear evidence of their negligence before they would proceed. After all, no property owner wants to fall prey to frivolous or questionable negligence claims.
I presented a comprehensive settlement package that included our theory on liability, an evaluation of damages and the supporting evidence including photos and medical records. The adjuster for the insurance company understood the strength of our case and had all the necessary evidence to allow us to come to a quick resolution of this matter.
Negotiating Workers’ Compensation Liens
In this case, my client received the necessary medical care through workers’ compensation insurance, but the compensation insurance company filed a lien against any settlement or court award my client received. After settling the case, we were able to negotiate the lien significantly enabling us to put more money in my client’s pocket.
Results Matter
What are the results of this case? Any time a client receives a settlement, that settlement can make a difference. I like to believe that the property owner will better maintain the parking lot and loading bay area to protect pedestrian and driver safety. I negotiated a fair settlement that was a fair value for my client, exceeded his expectations, and managed to reduce the workers ’ compensation lien to maximize the amount of money my client received. While the award will not undo the pain and suffering my client endured due to the incident, a satisfied client is the best result of any case.
I hope you found this information helpful. If you or a loved one has been hurt due to the negligence of another, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, each case has a unique fact pattern. Past results do not
guarantee future outcomes.
My Case Has Settled, When Wiill I Be Paid? December 13, 2010
Posted by Carol L. Schlitt in Customer Service.Tags: getting paid, New York Personal Injury Lawyer, ny personal injury attorney, personal injury settlement
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Getting paid is always on the mind of my clients and I make a point of providing them a guide to explain the payment process. Nonetheless, I often hear from readers of this blog and clients of other attorneys who ask questions such as:
- My lawyer settled my case, where is my money?
- How fast can I get my money?
- My case settled, how long before I get paid?
I understand the concern: the legal process can be long and drawn out and, after finally resolving a case, clients have a right to ask how soon they can see the compensation they deserve.
From agreeing to a settlement to the day the money shows up in a client’s account involves many steps and should take about a month, though it can take longer if there are unusual circumstances in the case. It can also take less time if one works to make it go faster. In my own practice, I work hard to minimize the length of the payment process so that I can make sure my clients receive their money as fast as possible. Let me share the steps involved in receiving payment in a New York personal injury case:
The Release Form in a Personal Injury Case
Once you settle a personal injury case, you must follow several key steps before you receive your money. The whole process starts with the signing of the release form.
Before a defendant or the defendant’s insurance company will send a check with payment for damages, you must provide them with a release from the claim you filed against them. The release states that in return for the payment, you will release any and all claims against the defendant for the particular incident involved in your case. In other words, in agreeing to accept this settlement payment, you agree that you will seek no additional payments from the defendant and its insurer for this case. If you had filed a lawsuit, by signing that release, you agree to discontinue the lawsuit against the defendant. The release does not take effect until the client receives payment.
I have a standard release form that I use, though certain defendants require you to use their proprietary form.
The Payment Process in a Personal Injury Settlement
Once the client signs the release form, then we follow these steps:
| Submission of the Release Forms | I will submit this document along with other paperwork to the defendant’s insurance company on the day I receive the release form from the client. I send the settlement papers via overnight mail to avoid any delays. |
| Processing the Payment | Once the insurance company receives the release form, they will start their internal process for issuing the payment. In settling a lawsuit in New York, a defendant must issue payment within 21 days of receiving the release. |
| Receiving the Check at My Office | By law, the insurance company sends the check to the attorney of record. The day I receive the check, I deposit it in my Attorney’s Escrow Account, which is a special bank account reserved to hold client funds. I usually receive the check within three business days of the insurance company mailing it. |
| The Check Clears | Depending on the bank that issued the check, the check should clear in three to seven days. |
| Issuing Your Check | As soon as the check clears, I will issue your check. I usually send the check via Overnight Mail or meet with my clients to hand-deliver the check. |
I do all I can to make sure my clients receive their money as soon as possible. I use overnight mail service to deliver the papers and your check. I call the insurance company to ensure they have all necessary papers and to answer any questions the check processing people may have. I follow up with the insurance company to work with them (and sometimes cajole them) to issue the check as quickly as possible. Once the check arrives, I deposit it in the Escrow Account the same day and check each day to see if the check clears. As soon as the check clears, I send my client the check.
Potential Delays in Processing a Payment
Delays can result if the defendant does not receive the appropriate release or other papers necessary to process a payment. IN New York, municipal defendants, such as the City of New York and the Transit Authority, may take longer to pay than the 21 days that apply to everyone else. In cases involving a minor or an estate, the court must authorize the distribution of proceeds before any payments maybe be made.
As in most aspects of the law business, I find that keeping the payment process moving and reducing the time needed to deliver payment to a client requires paying attention to detail and persistence. At any time, if you have a question about when you receive payment, you should feel free to contact your attorney. After all, it’s your money.
I hope you have found this information helpful. I do need to remind you that this information offers general guidelines. If you have questions about a specific case, you should consult an experienced personal injury lawyer in New York. I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
$15,000 Settlement for Queens Man Hurt in Trip and Fall on a Sidewalk November 30, 2010
Posted by Carol L. Schlitt in Premises Liability, Trip and Fall.Tags: New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, personal injury settlement, Premises Liability, Slip and Fall, Trip and Fall
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A settlement check arrived today for a man who tripped and fell on a defective sidewalk in Queens. The man broke a bone in his hand and wore a cast for a month. We built a case that proved that the defective sidewalk caused his fall and we identified the landowner whose negligence caused the injury. While the man’s health insurance covered his medical expenses, he deserved compensation for the injury from the people who caused it.
Let me share with you the facts of this slip and fall case and the process that led to the $15,000 settlement.
A Property Owner’s Negligence Leads to a Commuter’s Injury
In March 2007, a Queens man started walking to catch a subway so he could go to work. While walking in front of a used auto dealership on Hillside Avenue, the man tripped and fell over a crack and raised potion of the cut formed to create a driveway.
A Broken Bone in the Hand
The man got up and begin to make his way to work. Within a few hours, his hand swelled and the throbbing pain made it hard to work. He went to the emergency room, where doctors identified the broken bone in his hand. He suffered a fracture of the base of the fifth metacarpal. The doctor had the man wear a cast for six weeks and then followed a course of physical therapy.
Proving a Trip and Fall Case
In all trip and fall cases, we need to prove two main points:
- That the negligence of a party contributed to the slip and fall
- That the slip and fall caused injury and harm
In this case, we had testimony and evidence, including photographs, which identified the defective sidewalk. We also had strong medical evidence that connected the trip and fall to the man’s injury.
New York City Law provides that the owner of property adjacent to a public sidewalk is responsible for repairing and/or maintaining the sidewalk in front of their property. In this case, that is especially true since the defect in question was caused by the property owner’s “special use” of the sidewalk; that is, the alteration of the sidewalk to a driveway accessing the property.
Maximizing the Case Value for My Client
Granted a broken hand with a good recovery is not the largest case, but I recognize that the largest and most important case to each of my clients is their individual case. I recognize that while many personal injury lawyers can win a case, my challenge and my mission is to get the maximum possible value for my clients. In this case, I spent considerable time analyzing the injury. I researched the case law, consulted with medical experts and developed convincing presentations. I was also able to make use of previous cases with clients who had similar injuries, including one case with a similar injury that involved the same insurance company and defense firm. This effort helped maximize the award that my client received.
The Settlement Process
Once the man retained me as his attorney, I began an investigation into his case. Since the auto dealer had gone out of business, it took considerable time and effort to track down the liable party in this case. I gathered all the possible evidence and reviewed the medical records. I then prepared a comprehensive assessment of the case for my client.
The defendant showed no interest in negotiating a settlement. When the insurance company opted not to settle immediately, I filed a lawsuit against the defendant and we moved ahead with depositions. I began preparing to go to trial. When the defendant’s insurance company saw the vigor with which we pursued this case, they agreed to enter into settlement talks. My experience has shown that the best way to press for a favorable settlement for my clients is to prepare a rigorous case for trial.
Because of the time we would have needed to complete Discovery and the year wait to start a trial in Queens, the settlement allowed my client to receive his payment as much as two years prior to when his case would have gone to trial.
Results Matter
What are the results of this case? Any time a client receives a settlement, that settlement can make a difference. I would like to believe that the property owner will take better care of his property in the future. While the award will not undo the pain and suffering my client endured due to the incident, a satisfied client is the best result of any case.
I hope you found this information helpful. If you or a loved one has been hurt in a trip and fall or if you have been injured due to landlord negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
