Legal Question in Product Liability in California

I was offerred a settlement from a vaccination company in way of reimbursing for out of pocket costs after my pet contracted the disease that should have been fully vaccinated against. I have been told by many veterinarians that my case is extremely rare. The offered settlement is just about 30%, though, of the total costs. Should I obtain a lawyer to help me contest this or should I accept the settlement if nothing could be done under the law? Thanks


Asked on 7/06/10, 10:38 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Hard to say. If this were an injury to a human, and you were trying to negotiate a personal injury settlement from an insurance company without a lawyer, you'd get a sharp whack across the knuckles with my imaginary ruler. Any settlement depends on the injured party's implied ability to go to court (your Best Alternative To Negotiated Agreement or BATNA) if negotiations fail. In court you would have to prove causation and you would need veterinary expert testimony, which is expensive. I would ask for an amount sufficient to cover your total costs, and settle for what they're offering if they won't budge. Maybe a lawyer letter would help.

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Answered on 7/07/10, 1:50 am


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