My sister and her daughter were jogging on a public sidewalk. The construction company that is adjacent to the sidewalk was using the city fire hydrant, "with or without", city authority! Either way they were inconsiderate to the public walk ways, and pedestrian safety. It was night time and the job site was closed for the day, but the company did not take care of the fire hose stretched across the sidewalk. You can figure out the night mare from there.
Typical settlements may vary greatly based upon many factors.
Take into consideration the amounts of medical bills they had to pay as a result of the injury. Also, you may factor in the pain and suffering they endured as a result of their injuries. You mentioned a face laceration. Scars are taken into account when you are seeking a settlement.
Another important factor to consider is the attorney that you hire for this type of case. Look for a Utah licensed attorney. The attorney will most likely be speaking with the construction company's insurance adjuster. Insurance adjusters take into account your attorney's reputation and his/her law firm's reputation. Look into getting an attorney that works for a law firm that specializes in this type of law and has been around for a long time so the adjuster takes your case seriously.
All of the above is also contingent upon being able to prove the construction company is liable.
Hope this information helps some.
Good luck!
There is no way to accurately answer this question without knowing all of the facts and circumstances - your total medical bills, out of pocket expenses, long term care, any loss of earnings, etc. Hopefully you have a skilled personal injury attorney working on this case for you. If you are trying to handle this on your own I strongly advise against it.
What really matters is the willingness of your attorney to go to trial - the value is based on the medical bills, lost income, permanent injury, disfigurement etc. but you will only get all value for the case if you file a case and are willing to go to trial with a competent attorney. Occasionally--and i mean occasionally--the insurance company will offer enough money to make going to trial not worth it.
Sounds like a miserable disaster for your sister and your niece!
As for a settlement, the numbers are made up of quite a few factors: medical bills, lost wages, scarring, any permanent injury, future anticipated medical expenses, future expected impact on wages, etc. An extremely rough rule of thumb is that a person should receive their expenses plus approximately 3 times that amount for pain and suffering.
That being said, as attorneys, we typically ask for more and negotiate to a number everyone is willing to live with. If a reasonable settlement cannot be reached, then the case goes to trial where a jury gives whatever amount they feel is fair.
One piece of warning, where this case involves a city fire hydrant, the case will end up involving the city. They need to receive proper, formal notice of the suit within 1 year of the incident, or your sister will lose the right to sue them. So, she will want to move promptly. Also, there are pieces of evidence that should be gathered now, while the information is readily available.
Bottom line, please advise your sister to hire competent counsel, ASAP.
Best of luck!
Warm Regards,
Diana
I'm sorry to hear about your sister's (daughter's?) accident. Settlements vary widely in these types of cases, depending on the amount of medical bills incurred, the specific type of injury, and the length of recovery. Proving fault, of course, is also key. Here, it looks like you have good facts to show fault. As a VERY rough estimate, you might expect to recover between two and three times your sister's medical bills.
You will then likely have to deal with a subrogation claim from your health insurance company. So, keep this in mind as you proceed. I would contact an attorney to assist you in this process.
There is no set amount for injuries. Every case is different. In order to recover compensation for injuries suffered, the injured person must first prove that the defendant was negligent, and then must prove that any injuries were suffered as a result of that negligence. The best way to handle a matter such as this is to contact an attorney in your area and get her/his opinion as to the merits of the case.
