What is a fair claim settlement for a burn injury suffered in a restaurant which resulted in a 2nd degree burn on my teenage daughter?

Both the restaurant and the restaurant’s insurance company admit negligence in the incident. My daughter underwent burn treatments for about 3-4 weeks that resulted in a permanent scar on her leg that is visible. She is also very fearful now when hot coffee or plates are brought to the table. The scar is about 3 inches wide by 12 inches long. We have been offered to settle for 9K in exchange for a full release on the matter. Is this reasonable? I am told that if the settlement amount goes above $15K it will require probate court involvement since she is a minor.

Asked on September 5, 2012 under Personal Injury, Georgia

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

I am sorry to hear this happened to your daughter.  It is very difficult to give you an answser without knowing all of the facts of your case.  Generally, a personal injury settlement is meant to compensate the injured party and is intended to make the party "whole" again, or put them in the same position they were in prior to the injury.  Sometimes this is not possible to do.  Personal injury settlements are based in large part on the type and severity of the injury a person suffered.  Many factors are taken into consideration, including  medical bills past and future, lost wages, pain and suffering and any permanent injury, such as a scar.  I would strongly suggest you contact an attorney in your area who specializes in personal injury before agreeing to any settlement amount.  Keep in mind, the restaurant is going to have a professional on their side and his or her job is to find a way to offer you as little as possible for your daughter's injury.  You should have a professional on your side too.  An attorney in your area will also be able to address the issues regarding your daughter being a minor.  Good luck to you. 


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