and lack of use of this arm for several months and to date still has some discomfort. Their claims Department is willing to pay something for this but we do not know what would be a reasonable amount to settle on.
Normally you should consider the costs of treating your injury as well as potential future treatment costs. Also pain and sufferring, interruption of work, lost wages, lifestyle changes, and other factors can become important in settlement negotiations. Ultimately, you should decide what you feel is a fair and equitable settlement of your injury claim. If you think the insurance company is not offerring you a fair settlement, then you should consult with a local attorney to better understand the value of your case. Good Luck.
Your question is impossible to answer. Aside from already incurred economic damages, the compensation value is based on the extent of her injury. Has your daughter treated with a qualified specialist? Has that doctor performed the necessary testing and evaluation to tell you what her injury is and how long it is expected to last. Most important, does the doctor believe there will be a permanent disability? Sounds like you are not even sure if the phlebotomist pierced a nerve, tendon, or ligament. In my experience insurance companies pretend they are concerned, make you feel your condition is minimal and in the case of possible malpractice will often direct you to a “friendly” doctor to fix matters for them. I strongly recommend you consult with an experienced malpractice attorney (vs. a TV lawyer). That does not mean you are going to sue, or even have a significant enough claim to do so; but you will get advice about what is in your best interest, not the hospital and their insurance company. Wishing your daughter the best.
This answer is a public service and not an attempt to solicit business. Jonathan Groff’s practice is devoted to all aspects of personal injury litigation throughout Florida. He has a “10.0 Superb” rating from AVVO and is rated “AV Preeminent” by Martindale-Hubbell. However, this reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raise then I have set out in my brief reply. Further, unless your matter concerns Florida law, I am not licensed to practice or give specific legal advice in your state.
You can take Attorney Morgan's advice and settle for an amount that makes you happy and be done with it. Or you can take Attorney Goff's advice, consult with attorneys, probably hire one to determine what is the most you can get.
The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button
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