Chesapeake, VA asked in Personal Injury for Virginia

Q: I had a slip and fall. The insurance adjuster denied the claim and said I could file a ‘nuisance’ claim.

He suggested $50 or $100 (ridiculous). I said I would have a think and call him back. This was several weeks ago. I had not yet called back and I got a call from him saying his clients were ‘Up in arms’ about the claim and that they maintained they were not at fault. However, he said they would be willing to transfer me $5,000 today to essentially make it go away. I have 5 weeks left in my statute of limitations. The law firm I had initially engaged completely dropped the ball on my case and told me with 10 weeks left that they were no longer representing me. So I am on my own with no legal background. I am not sure whether I should try to negotiate a higher payout or not. I don’t want to lose the $5k that is already on the table.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Virginia attorney could advise best, but your question remains open for two weeks. Unfortunately, the looming statute of limitations issue creates a difficult situation. It would be difficult for anyone here to advise without knowing what is in the file in terms of strength of liability, severity of injuries, venue that case would be heard in, among other factors. This doesn't answer your question, but without seeing the file, it's difficult to assess the case. Good luck

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