Is a broken thumb worth pursuing legally? 2 Answers as of October 05, 2016

My wife and I were shopping. The grill we were looking at moved and the lid fell on her thumb, lacerating at the base and breaking a bone. Store is offering to pay our out of pocket expenses only. She's in a cast for 6 weeks, and we don't know if there will be long term effects.

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Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
If in California, you have two years to file suit from date of accident. Best bet is to confer with a reputable personal injury attorney, who can best evaluate your case. It should be a free consult, and if someone takes the case, they should do so on a contingency fee, so no out-of-pocket cost for you.
Answer Applies to: California
Replied: 10/5/2016
Law Offices of George H. Shers | George H. Shers
Does your wife work? Being in a cast for 6 weeks is worth some money but not a massive amount. Ask them to pay the out of pocket expenses now and wait the 6 weeks to see if full recovery and rest of case can be settled [the insurance carrier will say no as it wants to settle in one lump sum]. For the medical bills, it should be what was charged and not what you actually had to pay because insurance covered the rest, unless they want to part part of your monthly premiums. What caused the grill to move and should they have tried to prevent that?Did the lid fall because of a sudden strong movement, barely pushed the lid back up so almost anything would make it fall? ?If the latter, there is not much of a case. Liability is unclear. You could sue in small claims court, although they tend to not award that much for pain and suffering, but no attorney's fee and get case over with quickly.
Answer Applies to: California
Replied: 10/5/2016
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