If I win my slip and fall claim at trial does the other side have to pay my attorney fee?

Posted By on October 18, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: If I win my slip and fall claim at trial does the other side have to pay my attorney fee?

A: If you win your slip and fall case at trial, ordinarily the other side, the business establishment or it’s insurance company, does not have to pay your attorney’s fee. There is a limited exception where if in during the course of the lawsuit you have offered to settle the case for let’s say $60,000 and your lawyer has sent that offer over to the other side pursuant to a Florida statute and a Florida rule of procedure. If the business establishment rejects your proposal to settle and if you go to court and obtain a verdict from a jury which exceeds 25% higher than the amount you would have settled for, which in this case would have been %75,000 with a $60,000 offer. You go to court with an offer to settle for $60,000 and the jury gives you $100,000, then most likely the other side will have to pay your attorney’s fees from the date that you made the offer on.

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

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