I choked on a piece of wood that was in a cereal bar that I was eating, and the company wants to settle outside of court; what is fair?

Question Details:

I choked on a piece of wood that was cooked in a cereal bar that I was eating and it caused me to have horrible pain in my throat for a while. I contacted the company via e-mail and a representative contacted me today over the phone and asked how much I wanted to settle with them for. I have no clue how much I can truly get from this incident. I don't want to anger them if i ask for too much but I also don't want to settle for a little if I can get a bit more. Can anyone help me out?

Asked 11/17/2009 under Personal Injury | 194 View(s) | More Legal Topics

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Joseph Farzam / Joseph Farzam Law Firm Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

You should ask for $1000 as an opening demand and see how they respond.  Don't accept their first offer.  Your concessions should equal theirs for a potential $500 settlement.  So if they offer you $100, you should counter with $900.  If they offer $300, you should counter with $700.  If they start at $500, then counter at $900 and shoot for $750.

Good Luck,

Joseph Farzam

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