QUESTION
What should expect as a reasonable pain & suffering settlement? What else should I expect? Is the HOA liable?
Asked on May 02nd, 2014 on Personal Injury - Colorado
More details to this question:
While doing volunteer work for my HOA my ankle was run over by the HOA owned Tractor. My ankle was broke in 2 places and it was dislocated. The ER put my ankle in place to restore blood flow so I wouldn't lose my foot. The next day they did surgery. Several pins were required to repair the bones. The skin was also torn up and I have to go to a wound clinic for treatment. Can't put any weight on my foot for 6-8 weeks. Have to go to the doctor/wound clinic at least once a week (so far). Filed a claim with the HOA's insurance company. They agreed to pay $5k for out of pocket medical expenses. I'm told, by the claims officer, that there will be a separate liability settlement. However, the agent said that since I'm a member of the HOA that they can claim that they're not liable.
1 ANSWER
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The injury that you describe is a significant one for which you are likely to experience some degree of permanent impairment or disfigurement. Before you sign any document provided by the HOA and before you accept any money, you absolutely should speak with an attorney. You should not rely upon the HOA representative for your legal advice, the HOA is obviously better off if you accept the offer and agree not to sue. The value of your claim depends upon your HOA agreement, the facts of the actual accident and your condition once you reach maximum medical improvement. Typically orthopedic injuries tend to require at least one year for a determination of any possible permanent problems. If liability can be established, an injury such as yours would probably settle well into six figures.
Answered on May 05th, 2014 at 2:06 PM