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?
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.
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.
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 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.
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.
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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