What should I do regarding a personal injury

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What should I do regarding a personal injury

I was injured by a femine product. The applicator appears to have defect in

the ways its made. I spoke with the President of the company. I voiced my

concerns about the way the applicator is made and she stated that the problem was being worked on. I did not go to the doctor but I was severely injured by the product. I have the applicator with evidence of roughness causing vaginal tissue harm. There is no warning of danger. There are numerous complaints on website from other women with same complaint dating back 2 years. They offered me $100 good faith money and refund of the product cost. I do not know if I should accept I think its rather lowball figure. Should I consider their offer or file class action?

Asked on June 12, 2018 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

That settlement offer is ridiculous and should be rejected.
You need to document your injury by receiving medical treatment from a doctor. After completing your medical treatment and being released by the doctor, obtain your medical bills, medical reports, and if applicable, documentation of wage loss. Your claim filed with the manufacturer's insurance carrier should include those items. 
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
You also have the same claim against the store where you purchased the product, and would file it with the store's insurance carrier. The store is liable even if it could not have known the product was defective.
If the case is settled with both the manufacturer and store, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject them and file a lawsuit for negligence and strict liability against the manufacturer and store. If the case settled with one but not both parties (manufacturer and store), only name the party with whom the case has not settled as a defendant in your lawsuit.
Negligence is the failure to exercise due care to produce a product that is not defective. Strict liability is liability whether or not due care is exercised. Negligence and strict liability are separate claims in your lawsuit.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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