injury settlement

[cgwaltney]

I was injured in July by a broken chair at a local swimming pool. The chair was rusted and tore a four inch tear in my leg as well as chipped the bone and tore muscle. I was on crutches and antibiotics for four weeks. My doctor says it may take as long as a year to heal and that I may have reprucussions from the wound afterwards. The insurance company that covers the pool paid for my out of pocket expenses (I provided receipts) and for the two days I missed of work. They want me to send them pictures of my leg after the accident and recent photos (which I have) as well as a report from my doctor explaining the injury. Then they said they would settle the claim with me. Am I following the proper procedure(s) and what am I entitled to for such an injury when they offer me a settlement?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You are following great procedures. But let me suggest one thing: keep a time/day daily journal -- like a time date stamp from Microsoft Word of your pain/discomfort/medications taking.

This will help increase how much you get in the settlement. As for the settlement, most lawyers (personal injury) in your area would know based on case law, experience, etc.

I don't know of any where off hand that has automatic scales -- this is not a sliding scale factor. It is one of how effective your negotiating or your lawyer's negotiating tactics are.

 

[cdcard]

Dear cgwaltney:
Yikes! I'm in pain just hearing about your injuries. Its difficult to estimate what your case is worth on this bulletin board because your medical records and other missing facts will play a key role in the value of it. I strongly advise talking with a local personal injury attorney before you contact the insurance company for settlement. It sounds like the need for future treatment is great and, depending on your line of work, you may not be able to work in your current career. If so, these are damages for which you should be compensated. Also, there may be other complications of which you're not aware. Just because you consult with a PI attorney doesn't mean you have to hire one; you can get an evaluation of your case and pay for the consultation time. However, given your injuries, if you do decide to retain counsel, you should be able to find one who will take your case on a contingency fee basis (ie, attorney fees come out of the settlement check, not your pocketbook). Best of luck to you.