Recently we have received a lot of calls on this product, but we have noticed some very interesting things going on with the manufacturer. If you were injure read the following article and get informed on your rights. Make sure you DO NOT sign a release or any paperwork what so ever.
Poker Table Finger Amputation Lawsuit
Since we started investigating these claims our office has received hundreds of calls. However, what I have noticed is that each of these potential clients had signed a release. Each story was very similar and had a similar pattern.
First, the injured party would return or report the defect to Wal-Mart where the purchased the item. Then they would receive a call from the manufacturer. During the conversation with the manufacturer they were told that “they want to make this right”. In most cases the manufacturer sent them a release to sign in consideration for money. In turn many clients would sign the release and forever be banned from pursuing a lawsuit.
For those who are not familiar with legal terminology a release is a settlement agreement. Essentially it states that for a sum of money you will not pursue a defective product claim
against the manufacturer for injuries. In other words you are agreeing to not sue the manufacturer when you sign the release.
A lot of people may ask, well isn’t that the purpose of employing an attorney to handle my case and the answer is yes. Attorneys ultimately get you a settlement and you will undoubtedly sign a release, but the amount for which you will release your right to sue for is substantially less without an attorney.
Low ball settlements and poker table lawsuits
In most cases we reviewed I noticed that for a finger amputation my client was offered between $1,000-$5,000. They were told that a lawsuit would be pointless, that they would not succeed and that they would pay a ton of money in attorney fees. All of these statements are incorrect. As a result these cases were settled for pennies on the dollar. So if you were injured DO NOT sign a release. In fact do not make any statements to the insurance company. Speak with your lawyer or call our offices. We handle all of our cases on a contingency fee basis. This means that unless we are successful you do not owe us a dime.
Low ball settlements or releases in these types of cases are frustrating to hear about. Even more difficult is telling our clients that the potentially settled the case for a fraction of what it was worth. Never attempt to negotiate or settle these claims on your own. There are many facts you may not be aware of and therefore the case will settle for close to nothing.
Remember that while the immediate money offered by the insurance company may seem significant at the time, it is actually a very low amount. Generally, the amount offered by these insurance agents if 15 to 20 less then what the case is worth. Never settle until you have been given a second opinion.
Can I reverse the settlement if I signed the release
If you signed the release, but it was not sent back you are able to cancel it out. However, if you signed the release and sent it to the manufacturer who contacted you, there is nothing that can be done. Generally these are solid releases and are not subject to reversal. The legal term is rescinding the contract, which is not likely if it has already been mailed back. So if you are considering mailing the document back, think again. My recommendation is not to sign unless you have discussed the settlement with our firm.
In certain rare cases the agreement can be rescinded, so make sure you know your rights before you execute any release.
What is the real value of my case
This is always an important question. I cannot make a fair evaluation of your case until I know all of the facts. However, I can tell you with absolute certainty that the amount offered by the insurance company will be substantially lower then what your case is worth. Make sure you have this info properly evaluated and make the right decision.
Farid Yaghoubtil is the principal partner at the Downtown L.A. Law Group and specializes in catastrophic accident cases, product liability cases and personal injury cases.