What is an adequate settlement if my daughter fell at a fast food chain this past winter and suffered a severe black eye and bruising to her cheek?

We did not get X-rays because the nurse told us that even if she did have a hairline fracture, they wouldn’t be able to do anything because you cannot set a facial bone. Also, we reported the incident but the store never followed up; we had to get back in touch with them. Our daughter is autistic and this was very traumatic for her. She had bruising for almost 2 months. The store wants to settle for $2500 but we feel this is inadequate. Are we correct?

Asked on October 9, 2014 under Personal Injury, Illinois


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

It depends what the medical bills were.  It does not sound like there was any permanent damages, so a good rule of thumb is 2-3 times medical bills.  You can usually get a lot more money if you hire a personal injury attorney than if you try to settle it yourself.  Generally the difference more than makes up for the price of the attorney, which is on a contingency fee.

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