Legal Question in Personal Injury in California

I suffered a minor meniscus tear that did not require surgery when a store employee ran into my knee with the corner of a box. I had fluid drained from my knee and had pain for a year that has gradually subsided. The store's insurance company has offered me a $10K settlement, and I want to know if this is in line similar settlement amounts before I agree.


Asked on 3/21/11, 9:09 am

5 Answers from Attorneys

Steven Kuhn Steven Kuhn

How much are your medical bills? Do you have any residual pain or limitations? Has the doctor indicate that the tear is healed or you will have problems in the future? Did you miss any time from work? I would need answers to all of these questions to give you an answer to your question. Please feel free to contact me for a free consultation at (949) 218-6600 x 101 or visit our website at www.lawkuhn.com.

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Answered on 3/21/11, 9:12 am
Michael Stone-Molloy The Lion's Law Office

Based solely on the information provided, I would say "No." I have settled meniscus tears for ten times that amount. Of course, you have to present the case properly. You may have already "given away the store" by trying to "do it yourself." These things need to be handled by a professional if you want to get top dollar. In cases like yours, insurance companies tend to chop their offers in half just because the claimant is unrepresented. Why? Because you can't file a lawsuit! Or if you try to file one "in pro per," then their attorneys will take you to pieces. Therefore, there's no sword hanging over their heads.

I can give you more detailed information over the phone, so if you're interested, give me a call, toll-free: (877) LION-FOR-LAW (546-6367)

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Answered on 3/21/11, 9:28 am
George Shers Law Offices of Georges H. Shers

Speaking as a former defense counsel who also did some plaintiff's personal injury work, you do need to put together all the information Mr. Kuhn mentions and then go to several attorneys specializing in such cases. No attorney can give you a reasonable range of what your case is worth without such information and seeing you [your personality and whether jurors and claims people would like you does play some role in determining the settlement value] and being able to ask more detailed questions. You may be able to work out a per hour attorney fee or less than the normal 33% [Northern California] or so fee.

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Answered on 3/21/11, 9:49 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My law firm handles these types cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.

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Answered on 3/22/11, 12:08 am
Robert Worth Robert J. Worth , Professional Law Corporation

Value depends upon the severity of the injury, what treatement was required and obtained, the cost of that treatment, whether there will be any residual problems meaning that a full recovery cannot be obtained (with the claimant needing to seek and obtain all reasonable treatment to reach the best result possible) and whether the jurisdicition is more conservative or liberal...meaning whether the possible jurors that might be called upon to make a decision). The jurisdiction is important even if no lawsuit is ever filed because the insurance company will consider this to determine its risks if it makes a low ball offer. I your case yhou have not provided all of the above facts, only some but it seems to me that the insurance company's offer for your objective injury (tear verses only soft tissue subjective pain and suffering) even a small tear has a value greater than the amount offered. keep in mind that the insurance company will never evaluate your case as high as when you are represented by legal counsel. Although I say this as an attorney, it is also based upon my approximately 15 years in claims handling such cases then being a national claims training administrator for Farmers Ins. I suggest you seek the advise of an attorney. I hope this helps. Bob (818) 222-2433; (800) 978-1529

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Answered on 3/23/11, 12:35 pm


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