What is a reasonable first offer to settle a personal injury case?

Tampa, FL Viewed 207 times. Posted 7 months ago in Personal Injury

While fixing a pump at off site location they exploded due to the company not maintaining the batteries causing injury to my husband. He suffered multiple lacerations throughout his face and arm, and had a 90% hyphema in the eye. It has been a year and 6 surgies to save the eye, he just went back to work 3 months ago. His MMI through workers comp was 23% disabled. His vision in the effected eye is 20-400. He also suffers from post tramatic migranes now and see a neurologist for PRN meds when the headaches occur. His pupil is permanently dialeted causing him extreme light sensitivty. Further surgeries to correct this has been considered to danagerous. My question is do you have similair cases to give an estimate of what would a reasonable first offer be to settle.

Answers (3)

David Jay Gorewitz

This attorney is licensed in Florida and 2 other states. Posted 7 months ago.

It is impossible to give a fair value in settlement on your husband's claim absent knowing his past and likely future medical costs and treatment, his earnings lost in the past, how his injury has impacted his ability to earn money in the future, and how his overall life has been effected to determine a fair amount for pain, suffering, disability, disfigurement, and other human damages. There are other issues such as the amount of the lien by worker's compensation to be paid back and what they might accept in compromise. I would suggest that when talking about a very significant injury case, you often will not achieve a fair settlement result without retaining a lawyer and proceeding in to litigation. Sometimes significant injury cases require analysis by vocational experts, economic experts, liability experts, etc. to fully consider the likelihood of success at trial and the full extent of economic, vocational and medical damages into the future. I would think that most lawyers would be reluctant to provide you with the value of your husband’s claim without having significantly more information than you have provided here.

Earl Kenneth Mallory

This attorney is licensed in Florida and 1 other state. Posted 7 months ago.

There are not enough facts provided to give an accurate response. #1, you need to have an attorney representing your husband's interests. #2, in Florida, there are issues involving worker's compensation immunity (see #1). #3 a case like this may involve products liability issues (see #1). There may be preemption issues (see #1). Multiple parties may be liable (see #1).

You need to retain counsel ASAP. It will not cost you anything for the representation until the case settles, or a judgment is paid, at which time, you will pay a percentage of the recovery to the lawyers.