My 9 year old son got a 1/2 inch long by 1/8 inch wide splinter under his nail from a poorly maintained handrail (we saw many others during our stay) at Kalahari within 5 min of arrival. We had to go to the ER for removal. The splinter went all the way to his cuticle under the nail. He was in excruciating pain for 4 hours. Their insurance company is offering to pay his medical expenses and $1500 additional for pain and suffering. We were not reimbursed by the hotel for our room stay and were told it would be included in the insurance settlement. They are saying that isn’t true. We did receive a voucher from Kalahari that is for lesser accommodations than we had and that we most likely won’t use. It was very difficult and took many calls/emails for them to even offer to offer this.
It sounds as if the splinter was removed and that the pain was limited for a very short duration. The insurance company has offered to pay the medical bills which are called "special damages" and offered $1,500 for pain & suffering which lawyers call general damages. Based upon the limited facts provided, it does not sound like your son's claim has much more of an upside. Clearly I can't give a full valuation based upon your recitation; however, if you are questioning value, you might wish to just speak with a lawyer directly in this matter. Additionally, as your son is a minor, the insurance company may requrire you to go to the Probate Court of your county to have the settlement approved.
Inherently local and fact intensive question that only an experienced local personal injury can address
Hard to say but if there are no long term effects the claim may not have a lot of value. Best to sit down with a local lawyer familiar with your jurisdiction and discuss.
This response does not constitute legal advice and does not create an attorney-client relationship. Legal problems and solutions depend on their unique facts. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be complete or adequate for your specific situation. Laws and regulations often differ from one jurisdiction to another. Mark E. Barbour practices in the State of Ohio.
I am inherently skeptical of any offer made by an insurance company without the benefit of a lawyer. They have every incentive to low ball you so I suggest you at least have a conversation with local counsel before accepting.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
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