Legal Question in Personal Injury in California
If an employee of a gas station accidently struck me in the face with a cord he was wrapping up, can I take this to court for physical damages?? It did cut me and left a small scar on the side of my face..This was a month ago, I didnt go to the doctor to get it checked out,I took pictures, and the employee acknowledged it was his fault..I plan on talking to the owner this week cause he was out ouf town when this happened.
2 Answers from Attorneys
Owner will probably not give you much, probably not anything. Why? - because he doesnt have to. If you get a lawyer, and are ready to file a lawsuit, only then will he be inclined to pay anything. Let me know if you want my help.
Best,
Daniel Bakondi, Esq.
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
www.danielbakondi.com
Daniel Bakondi, Esq. [email protected] 415-450-0424
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
The owner might give you a little to avoid having to report it to his insurance company an see his premiums go up, but it would likely be less than $1,000. While a facial scar is worth something, if you are a male at an age were smooth skin is no longer the norm, it is not worth much. A pretty young woman, a child, a very vain woman she really feels very upset by the scar would be able to collect more, but it is also going to depend on how visible it is, will it fade, are there wrinkles near it, etc. Years ago, most attorneys would not handle a case unless it is worth $15,000 or more since they look at $5,000 being the minimum needed to cover expenses and hoped for profit. An attorney who runs a mill--many clients who are handled by his para-legals and he/she only goes to court apperances--would handle the case. The insurance carrier also realizes that the case will never go to trial so they will offer less since they look at what their total costs are and not just what the plaintiff seeks.