A Goya bottle broke in my hand on 12/10/2011 it caused my to have surgery to try to repair to my nerves in my right hand.

Asked about 1 year ago - New York, NY

On 12/10/2011 i went to a store and brought a glass jar.. when at home i went to open it, and taped the bottom of and it burst into right hand.causing the glass to be inbeded in my palm of my hand..i than went to the er.. were they had to perform a emergency surgery to try to repair the nerves.. i still have the glass and i spoke to the store back in 2012.. but i had death in my family,, so i let it go.. now they had contacted my lawyer,,well my negotiator.. after a year later. saying the want settle this thing.. but lawyer talk always in lawyers terms..lol. so you always have to try to read between the lines..well mines do.. i hate that.. thats why i am on this site.. seeking help.. is that a good sign the call a year later? they called. or should i seek a new negotiator?

Attorney answers (11)

  1. David Ian Schoen

    Pro

    Contributor Level 20

    19

    Lawyers agree

    Answered . I do not know what a "negotiator" is in the context you are using it, and I have been practicing in NY for 33 years. You should have an attorney who is knowledgeable about, and skilled in, products liability cases. You do not indicate if you have healed well or not, but if you have permanent damage negotiation will probably not be sufficient.

  2. Jayson Lutzky

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . Discuss the case with a personal injury with product liability experience.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  3. Michael R Crosner

    Contributor Level 20

    17

    Lawyers agree

    Answered . If you have an attorney schedule an immediate face to face meeting & have the attorney explain everything in non-lawyer language. If you do not have an attorney immediately contact a qualified local personal injury attorney ASAP

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  4. Alan James Brinkmeier

    Contributor Level 20

    16

    Lawyers agree

    Answered . The best way to ensure that everything is being handled correctly, that you get the maximum possible result, and that you don't miss out on anything you are entitled to, is to consult with and hire an attorney whose practice focuses on personal injury law.

  5. Merry Melinda Fountain

    Pro

    Contributor Level 15

    16

    Lawyers agree

    Answered . It isn't clear from your question whether you have hired a personal injury attorney. If you have a non-attorney handling your negotiations, you need to immediately consult with an attorney in New York that has experience in product liability cases. These cases require special knowledge and experts. Initial consultations are usually free. If you already are represented by an attorney you need to address your concerns directly with them. I practice in Indiana and am therefore unfamiliar with any statue of limitations for your type of case in New York.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 888-242-HURT. This is not legal... more
  6. Marco Caviglia

    Contributor Level 19

    14

    Lawyers agree

    Answered . Is a negotiator a euphemism for someone practicing law without a license? Anyway, get a real attorney who does PI work. It won't cost you anything, so why mess around? The reason the company may not be settling is that our description is the way NEVER to open a jar, as it may cause an unseen fissure in the glass and then you apply your Herculean strength to it and POP goes the weasel. Unfortunately, you have severe injuries, so you should pursue the matter. But you should not recite details of the accident mechanics on this website. Claims adjusters may be lingering!

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  7. Josh P Tolin

    Contributor Level 19

    15

    Lawyers agree

    Answered . If your attorney is someone who routinely handles personal injury and products cases, and you are comfortable with him, then you should consider letting him handle. If personal injury isn't his specialty, you may be better served by hiring a personal injury attorney who is not afraid to try cases. You will have a better chance of maximizing your recovery and/or chances of winning at trial, if necessary.

  8. Matthew C Simon

    Pro

    Contributor Level 18

    12

    Lawyers agree

    Answered . If you do not have confidence in your attorney, seek a new attorney ASAP before its too late. Do not settle and be unhappy. Find an attorney who you are comfortable with and change lawyers now. Many personal injury attorneys, such as myself, offer free consultations in NYC. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Get a top-rated Avvo lawyer so you don't sabotage your claim with this negotiator nonsense.

  10. Michael F. Kremins

    Contributor Level 4

    10

    Lawyers agree

    Answered . get a real lawyer that specializes in personal injury. These cases may require expert evaluation especially if jar was defective and product liability claim is brought. Must be aggressive here and not wait for lawyer you dislike. Get experienced lawyer you like asap.

  11. James E. Cullum

    Contributor Level 3

    9

    Lawyers agree

    Answered . First, be concious of the time limitationsof actions that apply to products liability cases. In NY your case for negligence and strict liability will be lost after 3 yrs. A breach of warranty claim could be a little different. The liability issues may not be clearcut and could affect the value of the case, despite the known injuries. You should have a detailed discussion with your attorney regarding the strengths and weaknesses of your proof of liability as well as the consequences of your injuries. There is nothing wrong with negotiating now, provided your "negotiator" has placed himself in a negotiating position of maximum strength by adequate preparation of the case.

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