QUESTION
After a defective product resulted in injury, the company has offered a settlement. Is it fair?
Asked on Aug 04th, 2011 on Personal Injury - Delaware
More details to this question:
Last year my stepfather was injured as a result of a defective product. In the situation, his hand was impaled with a sharp pin which left his hand in severe pain for several months as well as numbness and some loss of function. Furthermore, he suffered a tear of his meniscus which required surgery. The company has offered a settlement of 30,000 dollars. However, doctors have said that his knee may or may not eventually require full replacement, which would cost 75,000. On the other hand, his knee already showed signs of arthritis so it could be argued the replacement would have been unavoidable. My parents are not interested in taking the company to the cleaners, but want to be compensated a fair amount. Any advice would be much appreciated.
1 ANSWER
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Your best bet is to consult a local personal injury law firm that is very experienced in product defect cases.
Every case has to basic elements that contribute to the value of the case, liability and damages.
Your question doesn't shed much light on the liability question. Is the product in fact defective according to the laws of your state?
The damages question is up in the air as well, as it is unknown what long term damage has been done by the defective product.
If the company quickly offers $30,000 in settlement, my belief is that they are aware the liability issue may go against them and probably know their product has a defect. With an opening offer of $30,000 I suspect they are willing to pay significantly more.
Consult an experienced product defect law firm that will provide a free consultation.
Answered on Aug 19th, 2011 at 2:01 PM