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Last year my mother got tangled in Christmas tree netting at…

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Last year my mother got...
Last year my mother got tangled in Christmas tree netting at home depot. The tree was purchased by a customer and tied with the netting. The tree was placed to the side so that the customer could continue shopping. My mother was caught in the netting, fell, knee bone split down middle, foot broken in several places. Had surgery on knee. Foot did not heal properly. Impact has affected her in several ways. We have been neg. with HD. Offer came in for $30K . We think that is too low.
Submitted: 10 months ago.Category: Legal
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Answered in 4 minutes by:
10/6/2017
Lawyer: legalgems, Lawyer replied 10 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,960
Experience: Just Answer consultant at Self employed
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Lawyer: legalgems, Lawyer replied 10 months ago

I am very sorry to hear your mother was injured so severely.

Here are sample jury instructions to give you an idea of what they will look at and consider.

The statute of limitations of 2 years is set forth here:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=102300000&SeqEnd=105700000

(735 ILCS 5/13-202)

Generally for personal injury the court will consider the following:

1. lost earnings

2. past and future medical expenses

3. disability, loss of normal life

4. pain and suffering

5. damages for increased risk of future harm

6. attorney fees, court costs

7. punitive damages if the defendant acted with reckless disregard/malice.

Normally the attorney will review jury/bench verdicts for the geographical area, finding similar cases, so they may have an idea of what constitutes a fair settlement.

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Customer reply replied 10 months ago
Sh is 79, no lost earnings. She tries easily due to her injuries. She has difficulty walking for more than ten minutes. Her injuries have had impact on her day to day activities. She has trouble sitting in one spot for too long, difficulty walking, difficulty walking for any length, gardening. Her way of life has been hampered. What can we suggest to counter the offer of 30K
Lawyer: legalgems, Lawyer replied 10 months ago

Yes, I assumed no lost earnings but since some seniors work part time I wanted to include that in case it's applicable.

Normally when a party counters, they will have case law cited with the judgment amount, emphasizing the similarity of injuries/facts.

The attorney may pursue discovery-ie finding out the limits of the insurance policy; and take that into consideration.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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