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-   -   Compensation for scarring (https://www.askmehelpdesk.com/showthread.php?t=661451)

  • May 18, 2012, 01:07 PM
    kbjork8274
    Compensation for scarring
    What type of compensation can you get for scarring on face. Scenario: Daughter was involved in a brawl at a gentleman's club. On duty waitress broke a beer bottle and sliced my daughter's chin and chest requiring about 25 stitches. Waitress now facing felony charges. Lawyer contingently hired. Medical bills come to roughly 8,000 and lawyer is suing club. Lawyer says to ask for $25,000 based on asking for 3 times amount of medical. IS THERE AN AMOUNT TO ASK FOR PAIN AND SUFFERING, DISFIGUREMENT, ETC. Other cases I've heard of are my son's friend received $25,000 for a tiny cut on forehead and our car insurance paid out $18,000 to Mr. X for injuries because Mr. X hit my son's car and son was at fault. Mr. X was drunk and had no license and went to military ER room with my son which is free. Those are two injuries that received quite a bit for hardly no injuries at all. So back to my daughter's compensation. I'M JUST WONDERING WHAT YOU THINK SHE SHOULD ASK FOR FROM THE CLUB'S INSURANCE. Lawyer is awaiting our answer. She recommended the 25,000 based on medical only. My daughter is a beautiful young woman (25) and I'm not saying that because she's my daughter. Now she has diagional scar from her lip to chin and about a 3 - 3 1/2 scar on chest.
  • May 18, 2012, 01:20 PM
    smoothy
    Quote:
    Originally Posted by kbjork8274 View Post
    What type of compensation can you get for scarring on face. Scenario: Daughter was involved in a brawl at a gentleman's club. On duty waitress broke a beer bottle and sliced my daughter's chin and chest requiring about 25 stitches. Waitress now facing felony charges. Lawyer contingently hired. Medical bills come to roughly 8,000 and lawyer is suing club. Lawyer says to ask for $25,000 based on asking for 3 times amount of medical. IS THERE AN AMOUNT TO ASK FOR PAIN AND SUFFERING, DISFIGUREMENT, ETC. Other cases I've heard of are my son's friend received $25,000 for a tiny cut on forehead and our car insurance paid out $18,000 to Mr. X for injuries because Mr. X hit my son's car and son was at fault. Mr. X was drunk and had no license and went to military ER room with my son which is free. Those are two injuries that received quite a bit for hardly no injuries at all. So back to my daughter's compensation. I'M JUST WONDERING WHAT YOU THINK SHE SHOULD ASK FOR FROM THE CLUB'S INSURANCE. Lawyer is awaiting our answer. She recommended the 25,000 based on medical only. My daughter is a beautiful young woman (25) and I'm not saying that because she's my daughter. Now she has diagional scar from her lip to chin and about a 3 - 3 1/2 scar on chest.
    This was out of the blue and your daughter wasn't fighting or otherwise assulting the waitress? Because this IS going to come out in court...

    If it can be proved she was sitting there minding her own business she will get more than if she was a party to or instigator of a bar brawl.
  • May 18, 2012, 02:52 PM
    kbjork8274
    Dau was on phone outside. Waitress was jealous of daughter. Little brawl happened outside. Bouncer brought waitress back inside. Waitress came back outside, smashes bottle, and then cut daughters face and chest in one swipe
  • May 19, 2012, 05:17 AM
    AK lawyer
    Quote:
    Originally Posted by kbjork8274 View Post
    ... I'M JUST WONDERING WHAT YOU THINK SHE SHOULD ASK FOR FROM THE CLUB'S INSURANCE. Lawyer is awaiting our answer. ...
    Any half-way good P.I. lawyer should have a good idea how much he/she can persuade a jury to award. Much more accurate than some opinion you can get here. If the lawyer doesn't know, consider getting a different lawyer.

    Quote:
    Originally Posted by kbjork8274 View Post
    ... Now she has diagional scar from her lip to chin and about a 3 - 3 1/2 scar on chest.
    Are there not plastic surgical techniques to completely erase scars like that?
  • May 19, 2012, 05:30 AM
    ScottGem
    The purpose of a law suit is to make one whole. So the cost of plastic surgery should be factored in.

    As for pain and suffering. That is much harder to gauge. As AK said, your local attorney should know the local courts better than we could.
  • May 19, 2012, 05:35 AM
    excon
    Hello k:

    I agree that asking YOU to determine how much to ask for pain and suffering, is strange... If you ask for too little, you could have got more. If you ask for too much, you might not get anything..

    There IS a formula used by attorneys and the courts to gauge the amount of pain and suffering.. Your attorney should know what it is... I'd ask her about it. Since you're paying on a contingency, she HAS an interest.

    excon
  • May 19, 2012, 06:12 AM
    AK lawyer
    Quote:
    Originally Posted by excon View Post
    ...
    There IS a formula used by attorneys and the courts to gauge the amount of pain and suffering.. ....
    An official formula? Possibly in some tort reform act somewhere. But not in general.
  • May 19, 2012, 06:55 AM
    excon
    Quote:
    Originally Posted by AK lawyer View Post
    An official formula?
    Hello again, lawyer:

    If I MEANT official, I would have SAID official.. You should know that I choose my words VERY carefully.

    excon
  • May 19, 2012, 07:23 AM
    AK lawyer
    You said "and the courts". A judge may only instruct a jury on the "official" formula; not some rule-of-thumb hidden away somewhere. And other than that, the judge would have no say as to what the jury would award. Now, if it's a judge-tried case, this rumored formula might come into play, but judges seldom decide P.I. cases.

    Such a formula would, I suppose, be used by insurance adjusters.
  • May 19, 2012, 07:34 AM
    kbjork8274
    I'm trying to respond to responses that I've received but don't know how. This has not goe to court yet. Lawyer is trying to keep it out of court, just now asking insurance to pay a certain amount. To me it seems she hasn't included pain and suffering, that was why I asked if there was such a thing. She's wants to ask 25,000 which is 3 times the amount of medical bills. I was just wondering if there is a formula attorneys ask for pain and suffering?
  • May 19, 2012, 08:29 AM
    excon
    Quote:
    Originally Posted by AK lawyer View Post
    You said "and the courts". A judge may only instruct a jury on the "official" formula; not some rule-of-thumb hidden away somewhere. And other than that, the judge would have no say as to what the jury would award.
    Hello again, lawyer:

    Not so. Even judges have this "rule-of-thumb" in their heads. Contrary to what you assert, a judge DOES have the power to set aside a judgment if it doesn't fit that rule of thumb thing he has in his head...

    Now, he may not CALL it that. He'll use words like excessive, and unreasonable. But, there's not doubt where it comes from.

    excon

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