Legal Question in Personal Injury in California

Acceptable Offer ???

My wife was sitting in an Orange County shopping mall when a glass wall approx. 10'x 4' shattered over her causing cuts to her head and two years of medical and chiropractic care (still ongoing), for headaches, neckpain, backpain and post traumatic stress with total bills of about $9,000. She has been offered $15,000 and been hounded by her lawyers to accept this amount because ''This is all Orange County will give''. Is this acceptable?


Asked on 6/22/04, 11:59 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Acceptable Offer ???

Well it depends. What if any proof do you have that the property owner had prior notice of the dangerous condition of the glass. What do you know about the type of glass, the building code requirements for glass at that location, whether the glass was defectively manufactured, etc. You should pay to have the case reviewed by another attorney for a second opinion.

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Answered on 6/27/04, 12:37 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Acceptable Offer ???

The answer depends on a lot more facts than you have provided. What caused the glass to shatter, and who is legally responsible for that cause? Was this the result of an intentional act, and if so was it foreseeable that the act would cause such injuries? How much pain and suffering has your wife endured? Has she lost any income as a result of the accident? Is the defendant insured? If so, what are the policy limits? How much can the defendant afford to pay out of his/her/its own pocket?

Are there any reasons why your wife will have difficulty proving her case -- for example, does the defense have medical experts who say her injuries were less severe than she claims, or has she made inconsistent statements about the incident which might lead a jury to doubt her story? Are there witnesses who dispute her version of events? Are there procedural problems with her case, like a missed statute of limitations or a failure to take adequate discovery?

Then there is the question of whether your family can afford to pay the legal fees and costs associated with going through trial. And even if you can afford it, is a trial likely to result in a payment sufficiently greater than $15,000 to justify the added expense?

There is just no way to answer your questio without more details.

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Answered on 6/24/04, 10:29 pm


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