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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a personal injury claim with Lowes Hardware for a torn

Customer Question

I have a personal injury claim with Lowes Hardware for a torn ligament/3rd degree sprain and spent 3 weeks without putting much if any pressure on my foot at all, and 5 weeks of limited activity due to reinjure possiblity. This has been extremely difficult as I am a father of two boys (8+9 yrs old) have a sm business and am a FT college student that is medicated for severe ADD/ADHD. I only have about $2000 is med bills but my foot continues to hurt and is not back to normal yet.
- 3 weeks of severe pain where i'd lay on couch with foot elevated 24/7
-2 weeks of moderate pain which i spent half on couch and the other half catching up on my school work.
- x1 lost job of about $3500 and x2 customer requests that I had to turn down since I was and still am not in any condition to spend time doing painting and carpentry repairs and jobs.... these total about $4,000
- this has impacted my quality of life like i never would have imagined! stressed my relationship with my childrens mother and my children (we all live together) and have had to miss my sons awards ceremony in May and has made me quite depressed and unhappy.
The Corporate office has accepted responsibility of the incident and gave me a claim number and now I am just waiting on my foot to fully heal and then I have to make a demand for compensation.
What I need help on is the overall worth of such a claim as well as whether or not a future re-injury possibility demand is constituted? I figured my time in severe pain was worth $24 per hour and moderate pain at $18 per hour and wondered if that was an ok way to come up with a demand amount, plus any mental anguish I may be entitled to based on ADD/ADHD and being stuck on a couch in one place for so long?
Submitted: 4 years ago.
Category: Legal
Expert:  TexLaw replied 4 years ago.

I'm a personal injury attorney and deal with these types of claims all the time.

The more methodical you are with your claim, the better off you will be. However, I would not be surprised if Lowes will turn down paying for anything other than your medical bills and you have to get an attorney to sue.

In that vein, here are the types of damages you can recover and how you should value them:

1. Past medical bills. If you paid cash for it, you can likely recover that, although they might contest some treatment and have the right to challenge the amount charged. If they do challenge the amount charged or the treatment you received, try working with your doctor to provide them with documentation supporting the treatment provided and a statement from the doctor that the charges for those services are "customary and reasonable for like services in North Carolina".

2. Future medical treatment. This will be any treatment that is reasonably related to the injury. You will need medical documentation that states what the prospective treatment will likely be and how much it will cost.

3. Pain and Suffering in the past. This is an amount to compensate you for the actual physical pain you experienced. I think the dollar amount you have stated is a good way of quantifying it and shows reasonableness in that you provide a scale for the different levels of pain you go through. Include the calculation for them to provide a set amount you are demanding.

4. Pain and suffering in the future - this is the same as for the past but just going forward from the date you make the claim. You need to be realistic in this part of your claim, and only ask for it as long as you think the actual physical pain will last.

5. Impairment (past and future) - this is for the loss of the use of your foot, the loss of the ability to take care of your kids, go to school, do chores around the house, etc. Think of this as if you had to hire someone to do these things for you, how much would it cost?

6. Mental Anguish - this is for the mental hardships you have had in going through this injury. I would be EXTREMELY hesitant to mention ADD to them. They will blame that condition for any mental anguish you have. It is best to try to keep that condition out of this claim if possible.

7. Lost wages - this is for the quantifiable amount of money that you have lost. You will need to show any contracts that you have had to terminate and documentation of the lost customers. Then you will have to have some sort of documentation which demonstrates the value of your services. I think past invoices that you have charged for similar sized jobs should do the trick to establish a baseline for how much your time is worth.

8. Loss of income earning capacity - this is for the potentiality that your future earnings will be affected by your injury if there is a permanent impairment. It sounds to me like you expect to fully recover from your injury, so this portion of the claim may not be applicable.

In your demand letter, you need to explain why the store was negligent and why it is liable for your injuries. Then you need to lay out each section of your damages and explain why you are entitled to them (i.e., how the negligence caused the damages) and show your calculations for each portion.

Then you need to demand payment on a deadline and state that if you do not receive payment by that deadline you will file a lawsuit.

Please let me know if this answers your question or whether you need any clarification whatsoever.

Good luck on getting them to pay this claim. I hope they own up to their responsibility and that you aren't forced to sue.

Best Regards,
Zachary D. Norris
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