QUESTION

How much do I should ask for on a personal injury?

Asked on Dec 10th, 2013 on Personal Injury - Utah
More details to this question:
Me and my family went to a restaurant and a server place the cup of coffee directly in front of my son who is in a high chair and he grab a cup of coffee and burn his right thigh with second-degree burns. It happen within less than 3 seconds and the server nor management took any information or even apologizes for what happened so we left and got to the emergency room.
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9 ANSWERS

Thomas Edward Gates
The cost of the medical bills. You do not have a case of significant.
Answered on Dec 17th, 2013 at 1:48 PM

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James Eugene Hasser
I wouldn't take liability of the restaurant for granted here. Just putting the coffee in front of the child doesn't create liability. You have to prove that they knew it was hot enough to burn him. The value of a case depends on three elements: 1. Liability, 2. Damages and 3. Collectability. The absence or weakness of any one of these affects the value of the claim. In addition, case values vary widely from case to case and place to place. Experienced personal injury lawyers are familiar with such values. Consider consulting one.
Answered on Dec 16th, 2013 at 6:20 PM

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Criminal Defense Attorney serving Alexandria, VA at Michael J. Sgarlat
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I think the server placed the scalding liquid too close to your son. It reminds me of the McDonald's hot coffee case. Have your son treated by a good doctor. Make sure he recovers completely. Then hire an attorney to investigate and make a claim.
Answered on Dec 12th, 2013 at 6:32 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Assessment of damages in a personal injury case requires detailed analysis of liability, the injuries, and the effect of those injuries upon the individual. This analysis includes application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. A "cookie-cutter" approach, a standard answer or a formula would be a disservice to someone such as yourself, who needs the help of an experienced personal injury lawyer. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. You are asking us to make an evaluation without even seeing your child. Do you have photos? You don't mention that. Will there be any follow-up? Scars? Over what percentage of his thigh? I could go on. You are being grossly unfair to your son if you are trying to negotiate this yourself; that may be no fault of your own, you just don't have the knowledge, training or experience that we do.
Answered on Dec 12th, 2013 at 6:32 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If you consider what the server to have done as negligence you may have a small claim. But SMALL CLAIM IT IS. SEE A LAWYER IF YOU ARE SERIOUS.
Answered on Dec 12th, 2013 at 6:32 PM

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You need to provide additional information such as which city and state you are in [juries vary greatly in how much they award for the same injuries]; if there is a residual scar and how big it is and what does it look like, how long it took for your son to finally express no pain or bother from the burn, what your reaction and that of your husband was like as you both have causes of action, was the coffee overly hot, etc. The case could be worth several thousand dollars so it might be best to go see a plaintiff's attorney in your town who has handled such cases to see what they think the value is and whether you should retain them.
Answered on Dec 12th, 2013 at 6:32 PM

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Ronald A. Steinberg
You have a valid claim. It is worth whatever you can prove to a jury.
Answered on Dec 12th, 2013 at 6:32 PM

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Lisa Hurtado McDonnell
Send them the doctor's bill.
Answered on Dec 12th, 2013 at 6:32 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You should ask for the cost of the emergency room visit, follow up costs and $1000 for pain and suffering. Unless your child suffered a permanent injury, which is doubtful, you really don't have much of a case. For what it is worth, the restaurant could argue that you were negligent in letting your son grab the cup. Not saying you were, but it could be enough to really limit your recovery.
Answered on Dec 12th, 2013 at 6:32 PM

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