If my wife suffered a nasty cut on her finger as a result of handling a defective product broken glass on a jar at a retail store, when we contact their insurer what compensation should we expect?

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If my wife suffered a nasty cut on her finger as a result of handling a defective product broken glass on a jar at a retail store, when we contact their insurer what compensation should we expect?

Asked on October 6, 2015 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless by "nasty cut" you mean a cut that more or less permanently damaged the nerves and/or tendons or ligatments in the finger, causing permanent loss of function, then the only compensation you are entitled to is reimbursement of your direct, out-of-pocket costs and losses, such as any medical costs e.g. of an emergency room or getting stitches or antiobiotics not paid by health insurance/Medicare/Medicaid and lost wages, if she missed a day or two of work. The law only provides compensation for actual costs and losses, and for "pain and suffering" when there is a provable, long-term impairment of life. 
If there was some more-or-less permanet loss of function, or you were uninsured and paid thousands of dollars in ER, etc. bills, then you may  be entitled to substantial compensation and should speak with an attorney. Otherwise, it's pretty much whatever they are willing to offer.


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