Legal Question in Product Liability in New York

-Re-Start Negotiations-

An Insurance company (Hartford)representing a furniture company whose cabinet was sub-standard and fell apart and fractured my toe which is still mis-aligned in position and shape and causes pain with every step ( I have to tape it into position to wear shoes due to the mis-shapened/position ) 11 months ago, has stalled negotiations for compenstion.

I have sent photos, sales receipts etc., documents and filed a notice of claim. I was interviewed by their adjuster at my home. I documented the permanent injuries and can no longer work as a Registered Nurse due to the pain with each step. .I filed for $20,000 and they offered $3,000 .I adamently rejected their amount and re-asserted my claim for $20,000.Their second offer was again the same($3,000). What is my next step in getting them back into a negotiating process ???

I do not have an attorney and would like to settle this without one.

Would filing this case in a Civil Court have leverage in upward adjusting the amount of settlement ?

I live in Rochester, New York.

Thank you so much

Patricia


Asked on 1/22/07, 8:06 am

2 Answers from Attorneys
Frank Pintauro Donohue & Partners, PC

Re: -Re-Start Negotiations-

Assuming it is clear that the cabinet fell because it was defective and in light of the fact that you can't work as a nurse anymore, $20,000 is a very low settlement amount. If settlement negotiations are at a standstill, then you will need to start a lawsuit, but in Supreme Court not Civil Court. Starting the case in Civil Court restricts the amount of damages you can seek and sends a message to the insurance carrier that your case is not that significant. However, prosecuting in case in either court is difficult and frustrating for non-lawyers. Please feel free to contact me if need any additional help.

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Answered on 1/22/07, 8:45 am
William J. Shramek Law Office of William J. Shramek

Re: -Re-Start Negotiations-

I agree with the comment above. You should also make sure your claim is well documented - doctor report on permanent injury and loss of wages/inability to work as an RN. Is future medical attention an issue?

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Answered on 1/22/07, 9:29 am


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