How do I determine what a fair and equitable settlement from my employer’s insurance company for an accident?
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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 10 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.
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