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Old 05-01-2011, 08:49 PM
 
Location: NYC
305 posts, read 1,004,895 times
Reputation: 151

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Here it is ,

I live in an apartment complex, and I was taking out my trash. There was a car park in the driving lot in front of the dumpster, along side the right of the dumpster and along side the left of the dumpster.

The curb was broken on both side of the dumpster, in which the complex knew because they broke the curb.

I only had two exits from the dumpster and both exits are broken.

I went with the exit close to me, and I lost my balance on a piece of the broken crub fell and hurt my back and hit my head on a metal plate

Now I have been placed on disability I lost my job, I have physical therapy 2x a week. I have to see a neurologist for the lost of feeling in my left hands and legs, my short term memory is gone, I have constant feeling of being confused and I am so off balance when I try to walk down three or more stairs I must hold on to the rail because I feel like I am falling, I have chronic headaches in the back of my head.

I spoke with an attorney and he tells me I have a case. My world has been turned upside down and the complex would not even address the issue when I contacted them.

Should I sue for these personal injuries?

I worry constantly about the numbness and the head injuries. But I just can't believe they would not response to my complaint in all of this. The only thing they did was opened the gate and marked the area where I fell.
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Old 05-02-2011, 01:10 AM
 
Location: Southern California
3,113 posts, read 8,380,507 times
Reputation: 3721
Quote:
Originally Posted by IMISSNY View Post
But I just can't believe they would not response to my complaint in all of this. The only thing they did was opened the gate and marked the area where I fell.
I'm NOT a lawyer, but I do have some thoughts...

First, it may sound uncaring and like bad business-practice for them not to respond to you - but it's not personal, it's just standard procedure within many companies. Anything they say to you, could possibly be construed as an admission of guilt - if it ever goes to court - so you can't blame them for trying to avoid saying anything at all.

As for whether you should sue, maybe? If you're certain that the accident was their fault, and it's seriously impacted your life in a negative way, then yes, file the papers. That's what the court system if for.

Are you planning to move soon? I can't imagine living in a place, if I was suing my landlord. I would want to sever that relationship as soon as possible.

Good luck! I hope you feel better soon!
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Old 05-02-2011, 04:52 AM
 
10,746 posts, read 26,026,661 times
Reputation: 16033
If that was me, I'd be taking my trash to another dumpster in the complex..especially if I can see quite clearly that it's not safe to access to begin with.

Of course a lawyer is going to tell you have a case. He's seeing dollar signs in his eyes...just remember anything you win, he takes about 33% of. He can probably get 10K- 20K right off the bat with just one strongly worded letter. But, don't expect your lease to be renewed.
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Old 05-02-2011, 04:57 AM
 
Location: Maine
2,272 posts, read 6,670,074 times
Reputation: 2563
Lawyer's don't get paid unless you win, so it behooves them to only take cases that have a good chance of winning. Get a second opinion from another PI lawyer and don't rely on advice from strangers on a discussion board.
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Old 05-02-2011, 06:58 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by lawmom View Post
Lawyer's don't get paid unless you win, so it behooves them to only take cases that have a good chance of winning.
Only if the case is taken purely on a contingency basis, otherwise they certainly do expect to be paid - hour (and every portion thereof) by expensive hour and for every telephone call and every written or spoken word. Good luck.
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Old 05-02-2011, 08:35 AM
 
Location: Maine
2,272 posts, read 6,670,074 times
Reputation: 2563
Personal injury cases are pretty much exclusively on a contingency basis.
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Old 05-02-2011, 09:27 AM
 
Location: NYC
305 posts, read 1,004,895 times
Reputation: 151
thanks everyone,

at bouncelight this is what the lawyer is saying, but it will be hard to move now because of my condition but I am going to

at lawmom I have gotten about 4 opinions and each attorney wants the case but I will only pick the first attny he was excellent.

no attny has asked me for any $.

at Kim in FL this was the dumpster for my bldg. the light should have been on but wasn't, and the other dumpsters are for recycle items - so if you dump any other than that they will fine you 60.00 per bag and yes they will go thru your trash.

I just hate moving but I also hate all the pain killers and doctors and pain

but thanks everyone
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