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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.

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

Posted

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.

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7 comments

Asker

Posted

He is a lawyer.. but he said my case was not strong enough.. but than i started talking to them speaking.. and a year later they ended up contacted him.. but he said all he will do is neg. for me

Asker

Posted

So does that mean that might want to do something?

David Ian Schoen

David Ian Schoen

Posted

In other words, are you are saying that if he can settle it without commencing an action, he will, and if not, he will not start a lawsuit? You still do not indicate the extent of your injuries. If you want to contact me directly you can do so by email or phone.

Asker

Posted

i dont have any feeling in some of my fingers,, and yes he will not push forward if he get settle

David Ian Schoen

David Ian Schoen

Posted

You need to know the strength of your case then before it goes any further with negotiations, if you have a permanent injury.

Asker

Posted

Yes i do and 172 stitches i had through out my hand, and i cant even make a fist,, things slip out of my hand

David Ian Schoen

David Ian Schoen

Posted

You definitely should not be using an attorney who is not going to pursue the case if negotiations fail. That is not a good way to get adequate compensation.

Posted

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.

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Posted

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 advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.

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Posted

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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

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.

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Posted

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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

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-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Posted

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

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Posted

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.

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Posted

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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