Re: Electric Blanket Fires

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On 2/15/08, Barbara F Lamb wrote:
*****
> I reported to the claims adjuster (Executive Solutions)
> Jarden/Sunbeam that i was suffering nightmares and loss of
> sleep and would like to get closure on the claim. At first
> they ignored me,then when i kept calling back they had a
> supervisor talk to me and she offered $712 which is about
ten
> percent of losses. That was a price for a cheap mattress off
> the internet. She refused to talk of the other items let
> alone the trama. I mentioned suing and she said the only
time
> they will even consider settling with me would be when they
> have the lawsuit papers in their hands.
>
> Theres more , but that is enough for now

You need to see an attorney.

Your biggest problem will be showing actual damages.
You can of course show the mattress. The damage will likely
be prorated on its age, that means if it is 5 years old you
will probably get half its original price. You should also
recover the cost of the blanket without difficulty. The
damage to the other items can be recovered if there is good
evidence that the fire caused their damage. If you did not
call the fire department it is unlikely that you will be able
to recover. A fire Dept report usually lists the obvious
damage and insurance companies will recognize it as an
impartial observation of actual fire damage. Without a fire
Dept. report it will be difficult to recover for the other
items.

It will also be necessary to produce evidence of your physical
injury such as medical bills. If you did not seek treatment
for the injury it will be very difficult to recover anything
for the injury.

As for you emotional suffering, again it will be difficult to
recover for that. If you have not seen a doctor for your
emotional distress it is very tough to make such a claim seem
credible.

The only problem in hiring an attorney is the cost to you.
Even if you do find an attorney to take the case, he/she will
probably want at least $500 for the filing fee costs and other
paperwork then will expect 30% of any settlement.

Nevertheless, call several personal injury attorneys and make
an appointment to discuss the prospects of your case. Your
initial consultation should be without cost. If not -- don't
make an appointment. It may be that there are other cases
like yours and a multiple-plaintiff action would give you more
clout in a settlement.