I have been involved with a 3rd party lawsuit over the last six years. After my depo,in which my lawyer fell asleep due to a liquid lunch, now comes an offer. I was hurt at work due to a recliner chair malfunction. I was in my tenth year and my work is very physical(my performance evaluations were always excellent to highly successful and I never took a day off due to a back problem. My attorney feels we have no case because the physical evidence was either repaired by maintenance or disposed of; no actual witness to the injury; and I had a pre-existing history of a back condition(in 1960ish from a cheerleading injury,a physician said I had a birth defect of spondylothesis,but no Dr. ever made a diagnosis of that again;and in 1981, I had a herniated L4-L5 disc which resovlved without the need of surgery). This injury was a large herniation at L4-L5 and L5-S1 requiring surgery with many post-op complications. I am left with permanent nerve damage from epidural fibrosis and L5 radiculopathy; and a consequence of six years to a lifetime of medications that caused HTN with heart problems and blood clots. The offer is $30,000,of which I will end up with $15,000. Is this a nuisance offer or should I take it? RSVP ASAP. Thanks
2 Answers from Attorneys
Re: The shaft?
There is no way to know whether this offer is reasonable or not. Usually, a client trusts his or her attorney well enough to ask that question from the attorney--you sound like you do not trust your lawyer and so are in a confusing situation.
YOu have two choices:
1- take the offer and make the best of it; or
2- change your lawyer and have your case reviewed by another and see what the new attorney thinks.
Off the cuff and without having viewed the medical records and the mechanism of the injury and issues of liability and contributory negligence, $30k for the type injury you describe seems low. However, that's if everything supports your claim 100%. Each time there is a doubt or a glitch (in your case no witnesses to the injury) the value is reduced.
I hope this helps,
Taradji Law Offices
Re: The shaft?
Your current attorney is in the best position to evaluate your case after 6 years. Your alternative is to hire another attorney to fully review the case with the benefit of records.