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Was offered $200 to settle for an injury suffered at local grocery.
Anonymous2 views3 answers
A clerk at local grocery dropped a glass bottle on my foot. It cut through my shoe and the big toe. It appeared to be minor and no real pain experienced. I declined med. treatment (a band-aid was offered) went home and fixed it myself.
The ins. company for the grocer offered $200 to settle.
Should I accept this offer just for replacement of shoes or retain attorney for pain and suffering?
I am not a WI lawyer, but a lawyer in California.
Are you in pain? Did you have to go to a doctor or a podiatrist?
If so, you may have a potential case showing pain and suffering.
Good luck.
You won't know if its a good offer until you speak with a personal injury attorney. A phone consultation might be sufficient and even if the attorney is not interested in your case you might learn enough to get the claims adjuster to up the offer to settle.
You certainly have a claim which you can pursue for your injuries and damages. The elements of your claim would include damage to your shoe for repairs or replacement, any medial expenses incurred, any lost wages, and your pain and suffering. Assuming no medical treatment or lost wages, they should pay for both the shoe(s) and your pain and suffering. Depending upon how long you had pain or discomfort from the cut, I would negotiate with the insurance company for a larger settlement. You can certainly attempt to settle the case on your own, file a lawsuit in small claims court on your own (maximum recovery is $5000.00), or retain an attorney to represent you, however, the attorney will either charge you an hourly fee or be paid on a contingency basis (normally 1/3 of your total recovery). Note that in Wisconsin, there is a three year statute of limiations for adults, which requires that your case be settled or a lawsuit be filed within three years from the date of the negligent act/injury.
