If I was at hotel and went to open balcony slide door but it fell and hit my wrist, how much should my settlement be?

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If I was at hotel and went to open balcony slide door but it fell and hit my wrist, how much should my settlement be?

I called the front desk but no one came to check on me or bring an incident report form. My arm was swelling and red. I didn’t feel anything was wrong but the pain continued so I went to doctor on the third day and X-ray was clean but soft tissue damage and I’m not able to use my right arm. This has been a challenge because I’m hands on in medical field. They offered me $861 but I feel they didn’t take into account the inconvience and how mentally it has disturbed me. Should I accept that amount? I asked for at least $3000 and the hotrl itself was neglectful and knew about the door.

Asked on March 17, 2015 under Personal Injury, Louisiana

Answers:

Billie Ruth Edwards / Edwards & Johnson, Attorneys, LLC

Answered 6 years ago | Contributor

If I had to guess, I would say your medical expenses for the x-ray and doctor ran about $574.00, just based on the hotel's offer. My recent jury research for a client and conferences with other attorneys tells me insurance companies are offering less than 1.5x "specials" to settle, and only in really aggregious cases are juries awarding more than that.

The hotel may be a self-insurer and may follow this trend for settlement offers.

"Specials" are all costs and losses you incurred because of the injury - for example, the x-ray cost and the doctor's bills. They also include lost wages, if it was due to the fact you could not use your arm, and prescription medications, if any.

Given the amount you would have to spend if you sued for $3,000.00, and all of the things that could go wrong, a settlement of 1.5x specials is probably reasonable. 

Before you make a decision, and if applicable, check with your insurance company to see how much they will want you to pay them back out of the settlement.


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