Re: Trip and Fall

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Dear Victoria,

I have handled what seems like hundreds of what I
call "slip 'n fall", or "trip 'n fall" cases in my forty
years of practicing law. Over the years these were the
cases that most lawyers did not want to take; so I, being a
run of the mill hungry lawyer, got more than my share. I
took them all. Beggers can't be choosy! As I say, I have
handled literally hundreds of them--at least it seems--and I
have never had but two that I did not get money out of; and
both of these I tried, one to a judge and one to a jury; and
both of these I lost. As I size them up, they are worth
taking, for they have settlement value; but the settlements
are not the big-money type. They are bad cases to try.
Juries just don't believe the plaintiffs, and they also go
into the trial very skeptical, and usually come out that way
too. Judges the same. Yet, I have been able to settle
almost every one, except those two, that I have ever taken.
But I caution my clients in advance...at least I have
learned to do so...that I feel I can get them something that
they will be willing to accept, even after I have taken my
attorney fee out of what I got them, but they they should
not get any high hopes and that anything we can get it
better than nothing; and I advise them that surely are not
going to get anything out of such as case if they don't try.
Sometimes such settlements come only after a suit has been
filed and litigated, and even sometimes on the steps of the
courthouse on the morning scheduled trial. But, as I say,
there have been only two such cases that I did not get money
out of; and both of them I tried, and both of them WE lost.
In my opinion, they are not good cases to try. There is
more to it all than this, but this is something to think
about. Best of luck to you, your employer and his or her
client! Feel free to call me to discuss your case, if you
so desire. My phone number is easy to get through
information. Also, somewhere I have a nuts-and-bolts paper
that I wrote on such cases. If you want a copy of it, let me
know and I will look for it and send it to you. Of course, I
will need a FAX number or mailing address, as I do not
personally scan and send things over the internet. Again,
best of luck!

Sincerely,

Hardy Parkerson, Atty.
Lake Charles, LA
Celebrating my 40th year in the practice of law.

On 10/05/06, Victoria wrote:
> I have a trip and fall case that I am working on in a
> paralegal capacity; trip and fall, not my specialty. We
> are coming up empty handed on a witness other than the
> victim's husband. There was no surveillance at the site
(a
> strip mall) and witnesses that possibly saw the fall
> refused to participate and have since went "poof" due to
> time so I need a stronger leg to stand on, so to speak.
> Any thoughts?