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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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My son had his finger broken by a life gaurd at a pool she

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My son had his finger broken by a life gaurd at a pool she pulled a towel from him and with such force it broke his forth finger. We are in the settlement stages and they have offered 750.oo for the settlement I was wondering if this a fair offer. My insurance paid for the treatment and they have not compensated copay and or time missed from work.
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer:

Hello

Brandon M. :

Hello, thank you for your question.

Brandon M. :

Is there any doubt that the injury resulted from the life guard's negligence?

Customer:

no

Brandon M. :

Thank you. How old is your son?

Customer:

they are saying it was horseplay but that was never stated in the interview they had with my son. I have the tape of the conversation my son is 8

Brandon M. :

Is there any reason to believe that your son will suffer permanent damage as a result of the injury?

Customer:

no

Brandon M. :

Thank you. I'll start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, I first have to explain that no two injuries are worth the same amount. A pro sports player suffers greater injury from a broken finger than a pianist would, or Joe Average. There is a difference between an 8 year old suffering a broken finger than an 80 year old because the heal time and pain is different. The nuances make every outcome different.

That said, please allow me to put the injury of a broken finger into perspective:

Brandon M. :

Typically, a lost digit will run between $5,000 - $20,000, depending on the digit. A pinky toe might get $5,000, but an index finger will usually receive closer to $20,000. A thumb can run higher, but it depends on how the loss impacts the person's life.

Brandon M. :

So when you compare the pain and suffering of a lost digit compared to a broken digit, you naturally expect the recovery to be much less, especially when the victim is expected to fully recover. $750 could be the right amount, but so could $1,000 or $1,500 (although, the higher you go, the less likely it is that the amount is fair). Whatever the right amount is, it's significantly less than a lost digit.

Brandon M. :

Now, the other side of this is that the defendant doesn't know the exact amount either. The question is always what a court would say if the case went all the way to court. If a defendant offers only $700 and a court would award $800, the defendant will have spent a lot of time and resources only to pay more, and possible to have to pay the plaintiff's legal costs on top of it all.

Brandon M. :

What makes it even more complicated is that the courts will not always agree. One court could decide that an injury is worth $500, while another would think that it is worth $1,000 given the exact same set of facts. Worse, the same court could come to different conclusions on different days because you would get a different judge or jury.

Brandon M. :

The question is one of compensation--what would a reasonable person need to be paid to be compensated for the injury. It is subjective. $750 for a broken finger is usually reasonable for any given case, but no two cases are the same.

Brandon M. :

Out of pocket medical bills are not subjective--they are objective, and the plaintiff should recover in full any reasonable and necessary medical expenses.

Brandon M. :

Necessary time missed from work may also be recovered, but not for the person who had to transport the plaintiff. If the plaintiff found it necessary to miss time from work, the plaintiff could recover lost wages, but not the plaintiff's parent for transportation.

Brandon M. :

Does that make sense?

Customer:

yes it does.

Brandon M. :

Great. Did you have any other questions about my answer or anything else?

Customer:

no that is fine. One more thing so If I agree with the 750 settlement then the medical should be seperate from that

Brandon M. :

Well, you want to be clear if that is the case. Usually, the settlement amount offered is the amount for everything, total. Medical, pain and suffering, time lost from work... everything.

Brandon M. :

Make sure that you understand the offer before accepting.

Customer:

thank you I will

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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Brandon M.
Brandon M.
Attorney at Law
6340 Satisfied Customers
Attorney experienced in numerous areas of law.