Herndon, VA asked in Personal Injury for Virginia

Q: Do you think my slip and fall lawsuit will go to trial?

I live in VA & was renting the basement of a single family home. Thursday night it snowed, Friday I get home & whoever they hired to shovel pushed the snow along the fence line. I took a picture of it, sent it to my landlord and asked who shoveled the driveway. She said she hired someone then said "I checked when I got home." Sunday morning I'm leaving for work & as I went through the gate I slipped & broke my fibula and had surgery with hardware installed. One week later my landlord texts me & says "I'm sorry about your leg, I meant to have my husband or son fix the snow but I've been so stressed I forgot." I am a hair stylist and 2 years later I'm still in so much pain. Lawsuit was filed February & my attorney asked for $1,000,000. Months later the law firm said they want to settle & by the end of September. I gave my deposition this past Tuesday. I know I can't be even 1% at fault. I'm nervous about going to trial and or not receiving any compensation. Thank you for your time

Related Topics:
2 Lawyer Answers

A: Ultimately whether or not you go to trial will depend upon you. It's your case, so you make the determination whether or not you will agree to settle or go to trial. I can tell you the vast majority of civil cases settle. The best thing to do is to discuss this with your attorney see what settlement is on the table and compare that with how long it would take to go to trial and the risk of losing.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: It's difficult to say. Your own law firm would know best in terms of your medical records, your level of disability, the venue, the carrier, and their defense firm. But as my colleague points out, it could be your decision, based on any offers made. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.