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In my view $100,000 is a bit high for settlement purposes, I think you would have to get that from a jury.
Assuming you do get a 100K verdict (which I think may be difficult), the net to you would be in the neighborhood of $55K. Assuming a one-third fee, live expert testimony and copies
Not to be insensitive to the forum category but the life expectancy tables come into play with this action. I'm not sure how long it takes from filing to jury selection in your hometown but that needs to be a practical consideration.
Another fly in the ointment is that disfigurement is a big part of the claim. The convention in my part of the world is a wait and see until the one year point. So it may be a bit premature to evaluate the damages.
If you were my sister I would tell her she was smart enough to handle this herself and settle now for $35,000 and take a killer vacation.
Enjoy the weekend.
I hear you. When it comes to settling lawsuits - there is always an initial demand - an offer - a counter-demand - a counter-offer - etc. Until the parties meet somewhere in the middle. I hope that will happen in my case.
Your analysis of the situation is totally reasonable IMO. Once you have to hire a lawyer - that's a minimum of 1/3 off the top here in Florida.
Note that - as an older woman who has lived in Florida for a long time and avoids the sun because of skin cancer problems - a disfiguring scar on my back isn't a big deal. What is a big deal - although most guys (and perhaps some women here) don't seem to understand is not being able to wear normal clothing like a bra. Or anything other than a loose fitting cotton tee shirt that doesn't rub the area. This burn - unfortunately - is exactly where most normal bra straps go. And - although it seems to be healing ok (at 6 weeks) - with a couple of hiccups - it is still a very sensitive not totally healed area. Robyn
In my view $100,000 is a bit high for settlement purposes, I think you would have to get that from a jury.
Assuming you do get a 100K verdict (which I think may be difficult), the net to you would be in the neighborhood of $55K. Assuming a one-third fee, live expert testimony and copies
Not to be insensitive to the forum category but the life expectancy tables come into play with this action. I'm not sure how long it takes from filing to jury selection in your hometown but that needs to be a practical consideration.
Another fly in the ointment is that disfigurement is a big part of the claim. The convention in my part of the world is a wait and see until the one year point. So it may be a bit premature to evaluate the damages.
If you were my sister I would tell her she was smart enough to handle this herself and settle now for $35,000 and take a killer vacation.
Enjoy the weekend.
just because someone demands 100K doesn't mean they get it. But if you demand 35K, then you don't get that either. I have 2 decades of experience on the defense side and I would still suggest you start high because unless you are talking about a policy limit case, there is 100% probability that you will never get your initial demand, even when it's reasonable. It will still be taken as a starting point with the presumption that it will be negotiated downward.
I've lived here for 20 years - and have never been called for jury duty. We're a pretty small county - and don't have many jury trials. Also - many cases that originate here aren't filed in St. Johns County. A plaintiff will often have a choice of two or more counties where he/she can file suit. For example - if there's an auto accident in SJC - and the defendant driver lives in Duval County - the plaintiff can file suit in SJC - or Duval County.
Where do you get the "couple of thousand" from? What kind of injury would persuade you to award more? And would it matter to you if the plaintiff didn't need the money (so the plaintiff couldn't be accused of trying to "get rich quick")? Robyn
Where do I get "couple thousand"? I think people have an internal "sense of justice". One that varies from person to person. That's why some people see this and say "Damn, right she should get a $100,000" (and deep inside I suspect they're saying "Stick it to the man!"). I see this and say "If this happened to me, I'd be pissed as heck. But if someone had paid me $5,000 to make the boo-boo hurt less, then 2 months later I'd be saying "It hurt like hell for a bit, but I made a cool 5G out of it".
So, someone asking for 20 times what I think is VERY reasonable for the injury, would make my spidey senses (ok, I really don't have those) go off. And then if she was claiming lack of affection and not being able to wear bras, and I would think this person's just trying to get a big payday.
The person's financial position wouldn't make much difference. Either way I'd think they were trying to milk the system. If they were well off....that might make it worse in my opinion.
Doesn't make my opinion right.....but it is my opinion.
Where do I get "couple thousand"? I think people have an internal "sense of justice". One that varies from person to person. That's why some people see this and say "Damn, right she should get a $100,000" (and deep inside I suspect they're saying "Stick it to the man!"). I see this and say "If this happened to me, I'd be pissed as heck. But if someone had paid me $5,000 to make the boo-boo hurt less, then 2 months later I'd be saying "It hurt like hell for a bit, but I made a cool 5G out of it".
So, someone asking for 20 times what I think is VERY reasonable for the injury, would make my spidey senses (ok, I really don't have those) go off. And then if she was claiming lack of affection and not being able to wear bras, and I would think this person's just trying to get a big payday.
The person's financial position wouldn't make much difference. Either way I'd think they were trying to milk the system. If they were well off....that might make it worse in my opinion.
Doesn't make my opinion right.....but it is my opinion.
The most interesting part of this thread is that there is no clear consensus among posters as to suing/compensation with the exception of one subset: in an unscientific conclusion there appears to be 100% agreement to sue (not clear as to view on compensation) among posting lawyers.
The most interesting part of this thread is that there is no clear consensus among posters as to suing/compensation with the exception of one subset: in an unscientific conclusion there appears to be 100% agreement to sue (not clear as to view on compensation) among posting lawyers.
Who would'a thunk it... 🤔
Not surprising at all. A jury can decline to award anything based on both liability or the determination that the injury doesn't warrant compensation. But OP should still be entitled to her day in court to make her case. That's the way our system was designed to work.
And I'll reiterate that my experience in this field is on the defense side, I represented insurance companies and their policyholders. To me, the fact that there is no consensus among non-lawyers is precisely why the OP is appropriate in making the claim and seeing what happens - it all ultimately comes down to personal opinions.
... it all ultimately comes down to personal opinions.
Agreed, as does much of life.
Still, it doesn't stop me from desiring a less litigious America.
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