Legal Question in Personal Injury in California
On x-mas eve 2009 my husband was injured when filling our motor home up with propane. We were @ a convenience store the store clerk handed my husband the fuel nozzle to hook to motor home as he checking the bleeder valve on motor home. Not knowing the fueling laws he hooked up the nozzle & stepping out of the way when he realized the tank was filling quickly. He reached down to close the bleeder valve a bit after he told the clerk to stop fueling. When he reached for the valve it blew completely out causing liquid propane to drench his hand. With propane spewing everywhere & the bleeder valve on ground instinct led him to pick it up & try to put it back with his other hand which caused this hand to be soaked with liquid propane. By that night we were in e.r. then sent to valley burn center the freezing liquid propane had severely frost bit or burned his hands. After months of burn treatment therapy he has thosands of $ in dr. bills. We consulted a lawyer who is working on our case he hasnt done much. Is telling us the store wants to settle for 14,000.00 After all is said & done my husband will end up with 7,000.00 & hands that will never be the same. The store clerk is also lying about details & has a witness that is lying for her. The store video will prove they are lying & our lawyer hasnt even asked for that. It seems to me that should have been the 1st thing done. We have along with our lawyer proved that the clerk broke at least 3 laws of propane filling. Do you think we should just settle when my husband will suffer from now on. The clerk broke laws, & is lying or should i find a lawyer that is willing to fight harder for truth & justice.
3 Answers from Attorneys
Get thee to a lawyer.
You have an attorney. Getting a new attorney is something you alone need to consider. The information that you have provided is insufficient on which to reach any definitive opinions. How much are the medical bills. What kind of burns. Were they third degree or what. Are there scars. What would it cost to do scar revision, if that is available. How do the burns affect your husbands job, if at all. What are the lost wages, if any. Are there other residuals to his hands.
A lot of these questions need to be answered, before anyone can really offer you an opinion on the full value. As for any liability issues, much more needs to be done.
I have to be completely honest with you, I can't tell from your question even who did what or what happened, other than that something went wrong in the fueling process and your husband got his hands covered in liquid propane. I can't tell what the clerk did versus what your husband did, or what fueling laws you are talking about. If you and your husband's case is that difficult to explain, I can see why an attorney is not confident that they will recover much for you. In addition, one thing I CAN tell is it sounds like your husband contributed to his own injuries by trying to pick up the bleeder valve with his other hand. So that will reduce any judgment he might get. If you don't trust your attorney's judgment, then contact another attorney for a second opinion, but if you can't establish your case by clear evidence of the facts, then you may as well settle.
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