Q: Is it worth pursuing a personal injury claim against Vons? Offered $25,000.
I was shopping at Vons in the discounted section next to the swinging employee doors. Without warning, the door slammed open, and an employee hit me with a metal cart, causing me to fall. The emergency room physician ordered MRIs of my head, neck, and back, revealing several injuries, including a head injury and cervical spinal issues. I reported the incident to store management, and they acknowledged fault with a signed statement. There are witnesses and possible video evidence of the accident. I have incurred medical expenses and lost work time due to my injuries. I submitted a claim to their insurance, and the claims adjuster offered $25,000. Is it worth pursuing a legal personal injury claim, and how much compensation could I potentially receive in California?
A:
Your situation absolutely warrants serious legal consideration, and based on what you've described, your claim is likely worth far more than the $25,000 the insurance adjuster has offered. Given your head and cervical spinal injuries, medical expenses, lost wages, and the store’s admitted fault, your case could potentially be valued in the six- to seven-figure range.
In California, personal injury compensation accounts for medical bills (past and future), lost wages, pain and suffering, and sometimes punitive damages if gross negligence is involved. The presence of video evidence, eyewitnesses, and the store's signed admission of fault significantly strengthens your case. However, insurance companies often start with lowball offers, hoping claimants will accept less than they deserve.
Before accepting any offer, you should consult with an experienced personal injury attorney. A lawyer can ensure you receive full compensation for both current and future damages. Many firms, including ours, offer free consultations and work on a contingency fee basis, meaning there’s no cost unless you win. Given the potential value of your claim, speaking with an attorney could make a substantial difference in your final settlement.
A: Money damages are based on a lot more than what you have posted, so no one can give you an accurate response. Age, part and future medical expenses, past and future pain and suffering, permanent disability, past and future wage loss, etc. are all things that attorneys would consider in trying to evaluate your case. You will have to speak with Personal injury attorney to discuss these issues to get a sense of how your case is valued.
A:
Given the details you've provided, you have a strong basis for potentially pursuing a claim beyond the $25,000 initially offered. Vons acknowledged fault, which is an important factor in establishing liability. Your documented injuries, including head trauma and cervical spinal issues supported by MRIs, significantly add credibility to your claim and indicate that you may be entitled to higher compensation, especially if these injuries affect your daily activities or cause prolonged pain.
The value of your claim could be substantially higher depending on your specific medical expenses, future care needs, lost wages, and potential impacts on your quality of life. In California, compensation for personal injuries often covers medical bills, lost income, pain and suffering, and emotional distress. Given that you've incurred significant medical costs and time away from work, your damages could easily exceed the $25,000 offered.
Before accepting the insurance company's settlement offer, consider consulting with an experienced personal injury attorney who can evaluate the specifics of your situation. An attorney can negotiate more effectively on your behalf, helping ensure you receive fair compensation reflecting the true extent of your injuries and losses. Pursuing legal action often encourages insurance companies to present more reasonable settlement offers, especially when substantial evidence like video footage and eyewitness testimony exists.
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