How do I determine what a fair and equitable settlement from my employer’s insurance company for an accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I determine what a fair and equitable settlement from my employer’s insurance company for an accident?

My foot was hit by an industrial pressure washer in an enclosed container used by a co-worker. The foot was determined to be seriously infected with doctor discussing the possibility of amputation if the infection could not be stopped. Resulted in hospitalization for over a week, 3 surgeries, antibiotics by pic line for almost 2 months, pump in the incision on top of foot. Could not walk on foot for about 3 months. Foot is about 2 sizes larger than other foot. Pain in walking. Surgeon indicated that significant muscle mass had to be removed and will most likely be replaced by scar tissue. Foot was opened on top and bottom to clean.

Asked on October 30, 2013 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Retain experienced personal injury counsel to help you: from what you describe, you would seem to entitled to a significant settlement, so it's worth the cost of an attorney to make sure you get everything you are entitled to.

That said, as a rough rule of thumb, you should get the sum of:

1) Your out-of-pocket medical costs, if any;

2) Lost wages, if  any;

3) Reasonably predictable future medical costs and reasonably predictable future reduced earning potential, reduced "to present value," or decreased to account for the fact that getting money now is better then getting money years later--call it, to be conservative, around 2/3 of the sum of these future factors;

4) With total disability for 3 months, continued pain, and an expectation of future disability (loss of muscle mass), a pain and suffering award equal to around 1 - 2 time the total medical costs (i.e. what was paid by your insurers and by you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption