I slipped and fell at an apartment complex. The apartment complex is owned and operated by 6 different corporations within my region. When I am filling the lawsuit against the apartment complex, I plan on listing all the 6 corporation defendants plus the apartment complex where I slipped and fell at. When we go to court and a settlement is reach, can each of them pay me separately or jointly? What if one decides to settle me, will the others be reliable to make their own settlement offer?
I fell due to apartment complex failure to fix a pot hole near their doorsteps
If you are lucky enough to have one defendant settle with you, it does not mean that others would do the same. Be sure to identify all potential causes of action in your complaint, including any contract theories if you are a tenant. Be aware, if you are a tenant, you will probably be confronted with a contractual provision claiming that you cannot sun the apartment; you will need to research how to defeat that clause
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
You did not say whether you fell due to some defect or dangerous condition, but merely falling somewhere is not enough to recover. With respect to filing a lawsuit, you are not a lawyer, so it wouldn't be prudent to sabotage your good claim. Have a local personal injury lawyer discuss the details with you at minimum. has a great lawyer finder tool to locate an attorney close to your home. Good luck.
Richard Todd RosensteinPersonal Injury LawyerGlendale, CA ·
There are complex rules regarding these type of cases and entering into piecemeal settlements. You should retain a local personal injury lawyer to represent you in the matter.
Premises liability is a very difficult area of personal injury law. You compound the difficulty by suggesting that you are filing suit, which means that you must navigate all of the rules of court. On top of that, you have multiple defendants, and they are corporations. All of this becomes exponentially complex. I highly recommend that you contact an experienced personal injury lawyer.
I'm sorry to hear about your accident. How the various defendants involved in your claim will behave is difficult to predict, especially without knowing more facts about what caused you to fall. Even though you said you are going to law school, my suggestion to you would be to hire an attorney with experience handling slip and fall cases. Claims like these are time-consuming and difficult to pursue, and you don't need the extra stress on top of your physical recovery and your school work. Also, I hope you make sure that you are keeping up with your medical treatments. Good luck!
How settlement plays out in a multiple Defendant scenario depends on the specific facts and dynamics of any particular case.
Your question suggests that you plan to file on your own. The Defendants might never make an offer, they may just wait for you to make an error that will get your case dismissed.
As others have suggested, you may benefit from an attorney. Are you aware most attorneys that concentrate in personal injury will offer a free consultation and contingency fee representation? I suggest that you at least explore whether you can beneift from representation. If an attorney will not take your case, this likely indicates that your case is not strong enough to justify pursuing or it has a minimal value. If the case is weak, do not expect to see an offer.
I'm assuming you're trying to avoid paying an attorney 1/3 or more of the total recovery. This is understandable and it certainly seems as though you are competent. However, you're way ahead of yourself with your question. First, you need to identify the correct defendant(s). This is not as simple as it seems, and there may be more potential defendants depending on the defect at issue. More importantly, there are many ways you can lose the case on technical and legal issues, and you can be certain the defendants will have lawyers trying to trip you up at every turn. It's their job. Finally, it's a bit counter intuitive, but hiring a lawyer adds a tremendous amount of value to every personal injury claim. Insurance companies typically use computer programs to determine the value of cases, and it's crucial you have an experienced injury lawyer who knows how to maximize the claim for settlement purposes. Contact an experienced injury lawyer.
Have you tried retaining a lawyer to represent you? Were you seriously injured? Has any attempt been made to identify, and settle with, the insurance companies involved?
I like your approach. Some of the Defendants may not be liable, depending on specific facts. You can settle with them seperately, or they can get together and offer you a global settlement. If you settle with some, but not all, then the remaining defendants get a credit for what has been paid, so there is no couble-dipping.