defective candy

[tranquility]

I don't think talking to settle is practicing law without a license. It's just not. One way to tell is to pretend the OP were an attorney in fact. If a POA could do it, it is unlikely it is PLWAL, even without the POA.

As to any potential lawsuit, there will be no protracted litigation. Liability can be litigated, but it seems there is a good potential of success. Damages is the hard part. But, the real problem is the way things work. No attorney will take this to litigation. No attorney. The money on dental matters, unless huge, is just not worth it.

Bottom line is that I'd ask for a bit more. Works? Yes. Doesn't? Yea, probably the best you can do. No one is suing over a few hundred.

 

[OHRoadwarrior]

To be honest, all they need to do is wait for you to sue them in their home state. Continue with continuances until mom dies and if she manages to live that long, claim legitimately that her teeth are about 70 years old and have reached their natural lifespan. It will be up to you, to pay experts to come in and testify that her she had the tooth of a twenty year old. You do understand where this is going correct? Mom should take the money and run. You want to argue defective candy. They will counter with defective mom.

 

[Sloop John D]

You should consult with an attorney. This seems like a decent case for a contingency arrangement. It won't require extensive research and it can probably be handled relatively quickly with a letter and a phone call.

 

[tranquility]

You should consult with an attorney. This seems like a decent case for a contingency arrangement. It won't require extensive research and it can probably be handled relatively quickly with a letter and a phone call.

Huh? How so? The reason attorneys can sometime work magic is because of the threat of lawsuit. There is no lawsuit (other than small claims) here. Why would someone give an attorney a third for something they could do themselves? The company thinks $550 is the damages. It would require a settlement of about $900 to put the OP in the same place. If the company is going to give that for a phone call or letter, the OP could work things the same way. If it goes to court, the time and expense would require at least $5000 judgment for the attorney to break even. Break even--at best. No attorney would think this is worth that.

 

[Sloop John D]

Huh? How so? The reason attorneys can sometime work magic is because of the threat of lawsuit. There is no lawsuit (other than small claims) here. Why would someone give an attorney a third for something they could do themselves? The company thinks $550 is the damages. It would require a settlement of about $900 to put the OP in the same place. If the company is going to give that for a phone call or letter, the OP could work things the same way. If it goes to court, the time and expense would require at least $5000 judgment for the attorney to break even. Break even--at best. No attorney would think this is worth that.

The reason I say the case is decent for a contingency arrangement is because it would likely require little work on the attorney's part. An experienced personal injury attorney probably won't have to perform any research for the issue, and because settlement is a very real option, there's a good chance the attorney can resolve the matter relatively quickly over the phone.

I'm not sure where you're getting the $900 figure for a potential settlement.

 

[quincy]

The reason I say the case is decent for a contingency arrangement is because it would likely require little work on the attorney's part. An experienced personal injury attorney probably won't have to perform any research for the issue, and because settlement is a very real option, there's a good chance the attorney can resolve the matter relatively quickly over the phone.

I'm not sure where you're getting the $900 figure for a potential settlement.

I cannot see that any attorney would take this on a contingency basis, Sloop John. When dollar awards are liable to be small at best, that is when an attorney will insist on a sizeable retainer. Contingencies are almost always reserved for those cases where there is a likelihood of a big payoff, which makes the time and money invested by the attorney worth the gamble.

Edit to add: I do not see where you mention your mom's age, captnwmkidd, but if she is a senior citizen, you may want to check out the resources available to older Tennessee residents. You can access links to some of these resources through the following link: http://www.state.tn.us/comaging/localarea.html.

Your mom could find free or low-cost legal assistance or she could potentially find free or low-cost dental assistance, if it is discovered pursuing a legal action against the pretzel maker is not financially feasible.

 

[Sloop John D]

Contingencies are almost always reserved for those cases where there is a likelihood of a big payoff, which makes the time and money invested by the attorney worth the gamble.

That has actually not been my own experience. Attorneys don't like to gamble with their fees. Contingencies are usually reserved for situations where payment is assured.

For a situation like the OP's, where settlement is almost certain and the work required to reach the settlement is minimal, a contingency arrangement is definitely a possibility. It will probably depend on the damage award, like you said, but it doesn't need to be a big payoff. Anywhere between a few hundred to a few thousand may be sufficient if the attorney believes the effort will be minimal and the settlement is definite.

 

[justalayman]

That has actually not been my own experience. Attorneys don't like to gamble with their fees. Contingencies are usually reserved for situations where payment is assured.

For a situation like the OP's, where settlement is almost certain and the work required to reach the settlement is minimal, a contingency arrangement is definitely a possibility. It will probably depend on the damage award, like you said, but it doesn't need to be a big payoff. Anywhere between a few hundred to a few thousand may be sufficient if the attorney believes the effort will be minimal and the settlement is definite.

You are missing the point. The likelihood of any award being large enough to make it worth a lawyer taking a case on contingency is nil.

and there is no payment assured in the situation posed. There are possible defenses that are actually valid that would reduce or remove any claim for damages.

 

[tranquility]

That has actually not been my own experience. Attorneys don't like to gamble with their fees. Contingencies are usually reserved for situations where payment is assured.

For a situation like the OP's, where settlement is almost certain and the work required to reach the settlement is minimal, a contingency arrangement is definitely a possibility. It will probably depend on the damage award, like you said, but it doesn't need to be a big payoff. Anywhere between a few hundred to a few thousand may be sufficient if the attorney believes the effort will be minimal and the settlement is definite.

Pretend you are an attorney in business for himself. Describe how you taking the case works better for the OP than him being on his own. No attorney will take this on contingency unless he needs money for ramen.

 

[ecmst12]

Mom is 82 and already missing other teeth....doesn't make the case very solid.

 

[quincy]

That has actually not been my own experience. Attorneys don't like to gamble with their fees. Contingencies are usually reserved for situations where payment is assured.

For a situation like the OP's, where settlement is almost certain and the work required to reach the settlement is minimal, a contingency arrangement is definitely a possibility. It will probably depend on the damage award, like you said, but it doesn't need to be a big payoff. Anywhere between a few hundred to a few thousand may be sufficient if the attorney believes the effort will be minimal and the settlement is definite.

Sloop John, contingency fees are generally calculated as a percentage of the recovery in a personal injury case. The attorney hopes in taking a case on a contingency that he will recover not only his ordinary hourly fees (the average rate for attorneys hovers in the $300/hour range and, for experienced personal injury lawyers, will be far higher) and also his costs (records fees, research fees, filing fees, deposition fees, regular litigation expenses).

Do the math (figuring even an unrealistically small amount of time invested by the attorney - say 5 hours) and then tell me how likely you think it is that an attorney will take this case on a contingency.

In the situation described here, over an older woman's tooth damaged by a hard pretzel (and pretzels, it is important to note, are often hard unless sold as soft pretzels), there is very little likelihood of a large award of damages should the matter proceed to trial, if there is an award of damages at all. Even the settlement amount is bound to be small.

When someone with bad teeth eats a nut and chips a tooth, for example, only one nut will be held responsible, and it is rarely the cashew.



(an aside to captnwmkidd: I do not mean to state or imply your mom is a nut; teeth get chipped)

 

[Sloop John D]

Do the math (figuring even an unrealistically small amount of time invested by the attorney - say 5 hours) and then tell me how likely you think it is that an attorney will take this case on a contingency.)

I can't speak universally, but I used to work for a small firm assisting a couple attorneys and these types of little cases were the only kind we would take on a contingency basis for the reasons I already stated. They were quick and easy. My boss didn't want to take a complex matter on a contingency basis, even with a potentially big payoff, because she didn't want to be working for free on a case that would be tied up in litigation for years. A minor PI issue like the OP's is generally very easy to resolve, so even if it's not going to be meal ticket, it still helps pay the bills.

I also think everyone is underestimating the potential damage award. $1,000 or more in medical expenses to repair the tooth, plus the pain and suffering multiplier and you have at least a couple grand. If my boss thought she could get the insurance company to cave with a phone call and a follow up letter, she was happy to take it.

Whether or not the facts actually support the OP's case would be something we would have to speak with him directly about. It's unrealistic to think you can tell if a person has a strong case or a weak case from a posting on an internet forum. (most of the time)

I can't say with certainty that this case would get picked up on a contingency basis, but there's potential. It should at least be worth a phone call to an attorney.

 

[quincy]

I don't see this particular case, as it has been described, being picked up by a personal injury attorney on a contingency basis.

But I agree with you, Sloop John, that it is hard to judge whether a case has merit from brief postings on an internet forum. I also agree with you that speaking with an attorney or two or three can't hurt.

 

[ecmst12]

It makes sense that a very small firm or single practice lawyer might take cases like these on contingency. They might not get the standard hourly rate for the time, but it's pretty easy money for little work, and it's a service to the community. No way a big time PI lawyer would be interested though.

 

[tranquility]

It makes sense that a very small firm or single practice lawyer might take cases like these on contingency. They might not get the standard hourly rate for the time, but it's pretty easy money for little work, and it's a service to the community. No way a big time PI lawyer would be interested though.

Do the math. It just does not work out. Unless, of course, the deal could be made by the client.