Chicago Train Door - Broken Hand - Fair Serrlement Request?

[canxpress]

Accident site: Chicago, IL
Permanent Residence: Las Vegas, NV

What is a fair settlement request for my situation?

On November 6, 2008, I arrived in Chicago for a week-long vacation with my family. My vacation plans were severely altered when, on the first full day of my trip, my dominant hand was broken while riding the train (non-L). While moving from one car to another, the door suddenly slammed shut on my left hand due a violent swing . The door punctured my dominant hand resulting in a deep injury; it was extremely painful. After speaking with a rail representative, she directed me to seek medical attention on my own. At the immediate care center, I was informed that my hand had been broken in two areas and that the puncture injury needed more attention. My hand was secured in a splint and sling and was told not to perform any activities that could possibly strain the break. I was given a tetanus shot, antibiotics, pain medication and told to visit with a specialist when I returned to Las Vegas. I did see a specialist, and the she confirmed the break and cast my hand.

Currently, my hand remains in a cast. Although, typically, it only takes three to five weeks for a broken bone to heal in a cast, due to the complicated nature of my injury, my cast will not be removed until December 22, 2008 – six and a half weeks after the break. The total projected completion of medical treatment for my injury, including healing and rehabilitation, is three months. The doctors hope that I will be able to make a full recovery, but they cannot make definite assurances.

In addition to the pain and medical bills, because the injury is to my dominant hand, it has severely disrupted my life in the following ways:

1. My work productivity has decreased because I can not type quickly or write. Which is extremely problematic, as my position requires me to work on the computer most of the time. Without the use of both hands to type, the length per task has dramatically increased.

2. I have had to alter my lifestyle because I can no longer drive, cook, or exercise. Not only is this inconvenient, it is unhealthy and expensive.

3. My trip to Chicago, which was a birthday gift to myself, was ruined. The accident happened on my first full day of a six-night, five-day vacation. Due to my injury, I was unable to fully participate in scheduled activities/outings with my family.

4. The physical effects of the injury continue to bother me. To this day, the pain, numbness, and swelling remains. Additionally, I am often sleep deprived because I wake up in pain throughout the night.

[Zigner]

You failed to state an actual question.

If your question is "What is a fair settlement amount to accept", then the answer would lie totally with you. There is no way a bunch of anonymous internet forum advisors could answer that question for you.

[ecmst12]

Considering your hand isn't even out of the cast yet, of course it still bothers you. That is expected. The significant question is, will you have any PERMANENT limitations due to the injury. And that question can't be answered yet.

Now, were you trying to move between cars while the train was moving?

[canxpress]

Thx for the responses ecmst12 and Zigner. I was moving from coach to coach which is allowable on that route. I needed to use restroom and the one on the coach I was on wasn't functioning. That's why I was going from coach to coach.

[ecmst12]

The trains I ride in Philly all have big signs stating Do not change cars while train is in motion. If the Chigago trains have similar signs, it will make your case more difficult. Since you do seem to have significant damages, I would suggest you consult an attorney in the Chicago area.

[canxpress]

thx for your time and suggestion