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I stepped into a hole on the sidewalk.

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Rinzou

New member
It broke a screw in my foot placed there from a previous surgery. The fault is SoCalEdison's. They acknowledged it anf offered me 7 thousand (including the hospital bills which totaled about half the offer, leaving me roughley 3500. Should I accept or push for more. I have a lot of pain, wear a foot brace, and have been fitted for special shoe.
 


quincy

Senior Member
It broke a screw in my foot placed there from a previous surgery. The fault is SoCalEdison's. They acknowledged it anf offered me 7 thousand (including the hospital bills which totaled about half the offer, leaving me roughley 3500. Should I accept or push for more. I have a lot of pain, wear a foot brace, and have been fitted for special shoe.
How much you should settle for is a decision you will need to make on your own. Settlement offers are negotiable.
 

adjusterjack

Senior Member
It broke a screw in my foot placed there from a previous surgery. The fault is SoCalEdison's. They acknowledged it anf offered me 7 thousand (including the hospital bills which totaled about half the offer, leaving me roughley 3500. Should I accept or push for more. I have a lot of pain, wear a foot brace, and have been fitted for special shoe.
Is that their first offer?

Did you present a demand package with a figure and documentation to justify that figure?

If not, google demand package or demand letter and learn how to do it.

They may be low balling you because of your previous condition.

Study up on how the "eggshell plaintiff" is handled in CA.

https://duckduckgo.com/?q=california+eggshell+plaintiff&t=h_&ia=web

I have a lot of pain, wear a foot brace, and have been fitted for special shoe.
Then you shouldn't be settling yet. What is the prognosis? Is there an expectation of complete recovery or do you have a permanent partial disability as a result of the accident?

If the latter, the case may be worth a lot more money but also gets a lot more complicated so it would be worth your time to consult with a personal injury attorney, preferably one who has experience in going up against SoCalEdison in personal injury cases.
 

justalayman

Senior Member
Of course them offering a settlement doesn’t mean you would win if you sued them. It means they are willing to give you $7000 to sign a release and go away. You haven’t presented facts that show them to be liable so before you get to uppity, you need to know if you have an actual winning case and understand how much that suit will cost you even if you do have a winning case.

Only from a point of strength of knowing you would likely win in court do you have any real power to negotiate. If this just go away money, you could,find yourself with their offer withdrawn and let you sue if you want to make a claim.
 

Rinzou

New member
I gave them photos of the hole (which was about knee deep. It was slightly smaller than my foot but big enough for it to fall through. It bent my foot in an unnatural ,position and hurt like hell) photos of my leg with a deep cut, x-rays showing the broken screw, medical bills and reports. I am a veteran and the first and second visits were to the ER at the local hospital. The last one is at the VA Hospital ortho dept. I'm not sure if they will charge me. The orth doctor there told me my foot looks okay but now the three remaining screws will have to do the work of the original four and that places more stress on them. The x-rays show a clean break in the screw. They advised me not to do any "high-impact" activities such as sports and jogging. I used to walk my dogs every day, now I walk once a month and have to limit the distances. Due to inactivity, I've gained around 30-40 lbs. It's quite depressing. The doctors also told me that trying to remove the screws will damage my foot bones and that they advise not to do it...for now. It may have to later. I was given a special brace to wear indoors at all times. It supports the arch and decreases the pressure. My special shoes from VA Prosthetics will arrive in about a month.
 
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quincy

Senior Member
You should take your medical records to a personal injury lawyer for a review. This first consultation should be free and, if you have a lawsuit that the attorney believes is worth the cost of him helping you pursue, he should handle it on a contingency* basis (where he is paid if you are paid).

The lawyer you see can let you know if the $7000 is a reasonable offer considering the facts of your injury and what negligence can be demonstrated on the part of SoCalEdison.

It sounds as if your injury is severe enough to warrant the personal review.

Good luck.

*If you decide to hire a lawyer, read any agreement very carefully and fully understand all terms before signing.
 

adjusterjack

Senior Member
I am a veteran and the first and second visits were to the ER at the local hospital. The last one is at the VA Hospital ortho dept. I'm not sure if they will charge me. The orth doctor there told me my foot looks okay but now the three remaining screws will have to do the work of the original four and that places more stress on them.
I'm also a vet with VA health benefits. I'm guessing that you did not have the original surgery at a VA facility but that the VA paid for it to be done by a civilian surgeon in a private hospital.

The VA doctors are good for a lot of things but for something like this I suggest you get authorization to see the original surgeon for evaluation or a comparable surgeon outside the VA.

And given your additional information, $7000 is chump change. I urge you to consult a personal injury attorney.
 

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