Visitor Question

Cervical fusion needed after falling from a defective patio chair…

Submitted By: Anonymous (USA)

I bought a patio set and when I sat down on one of the chairs it broke beneath me. I was severely injured in the fall and had to get a cervical fusion. I have done a lot of recovery: been to physical therapy many times, gotten acupuncture, and have been seeing a pain management doctor. I’ve also been out of work since January.

Still they say it might be 1 to 2 yrs before it fully heals. I can’t sleep from the pain, and can’t do anything I used to. I can’t even hold my grand babies. What multiple am I entitled too? My medical bills at this point have to be at least $90,000. Where do I file a claim?

Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You speak of a “multiple.” We assume your reference is to a multiple often used by attorneys and insurance companies when determining personal injury settlement amounts. Before suggesting what multiple you should ask for, you should consider retaining an experienced personal injury attorney.

Your injuries are very serious. Without an attorney you may end up with a much lower settlement than you deserve.

Moreover, whether you know it or not, you may have the basis of what is referred to as a Product Liability, or Defective Product claim. Product liability claims are intensive, complicated, but in the end, they very often result in a much higher settlement for the victim.

In addition to having a product liability/effective product claim against the manufacturer, you may have an additional and separate claim against the company where you purchased the chair.

Your interests would be best served by visiting with several personal injury attorneys. Because most personal injury attorneys do not charge for initial office consultations, you can get a number of expert opinions. Once you do, you can make a decision which will result in the highest settlement possible.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 19, 2014

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