I recently fell at a major retail store. I filed an accident report, and went to the ER that evening. Was told had a broken wrist. After xrays and visit to ER I was sent to an Ortho specialist, who after several visits determined that I tore the ligaments, which required surgery.

The store has been in contact me and has admitted fault. After 3 month, I have been released back to work, but will have pain and permanent scarring.

They said I would get reibursed for my lost wages, but I am concerned about the rest. My insurace covered everything, but my co-pays...the store will pay me for that.

I spoke with a lawyer and they want 30% or more if I take them to court if I am not happy with the offer they give,. me.

Which comes to my question....How much do you think they will offer? Has anyone ever settled for an injury similar to mine?

I am not out to "take them", I just want to be sure that If I have problems in the future I will be able to take care of them.

Thanks

Ok, let me give you some numbers to work with based on WORKERS COMPENSATION:
ALL medical bills should have been paid by the store.
for a work comp clmt we pay 66 2/3% of their average weekly wage. If they sustain a permanent impairment we pay permanent partial disability. A permanent impairment is given in a percentage. That percentage is then multiplied by 375 weeks. That calculates into xx amount of weeks we pay to the claimant at the rate of no more than 1/2 the state maximum rate (ours for this year is $286).

So, if you sustained a 5% impairment: 5% x 375 = 18.75 weeks @ $286/wk. would equal $5362.50.

So, first I would get a physician to provide an impairment rating, then you would have better idea of where you were for negotiations. Also, keep in mind that you MIGHT have ongoing problems with your wrist. You could develop further problems (arthritis, carpal tunnel, scar tissue, etc) and need further medical care. That should be factored in to any settlement. I would not take less than $10,000--if I were you.

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

In Nevada, you get 3X your medical bills. Basically 1/3 to the attorney, 1/3 to the doctor (for bills) and 1/3 to you.

I would suggest you get a lawyer because they have better vision when it comes to looking at long term.

I am really surprised your insurance company isnt asking for reimbursement for what they paid out on your behalf from the store. When I got injured last year by a third party my insurance company sent paperwork asking how I got injured and if someone else as responsible for the injury and I honestly answered yes and now this this third party has to pay back every dime that my insurance company has paid to providers on my behalf and any future bills of which I am still undergoing a Doctors care for the problem.


I wouldnt ask for less than $10,000 either and be sure to keep it in savings for later use cause you just may need it.

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I agree that your insurance company should not have paid anything. They should be reimbursed and I too am surprised that your insurance company hasn't went after them yet. Did you TELL your insurance company that your injury was sustained at a store who claimed responsibility?

You need a lawyer...plain and simple and one who specializes in this type of claim.

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Proud to say I haven't shopped at a Wal-Mart since Sept 2003

What caused the fall? I think that their negligence comes into play also. Remember - once you take any money from it is done - if you have problems down the road - your on your own - wait until surgery and fullest possible recovery is complete.

Yes, my insurance company knows there is a third party involved. I have filled out several forms and they most likely WILL go after the company. I have answered all the questions truthfully.

The incident happened in July and I have 4 children at home, one being a special needs child. This injury took a lot of my freedom away and I couldn't swim, lift (still can't) with my 5yr old son.

The dr released me back to work.. (I solder) without limitations as no heavy lifting is involved. However, my daughter made UCA all-stars witcheerleading and her and I get to go to WDW over thanksgiving. He is MAKING me were my wrist brace, so my thumb doesnt get bumped or hit.

My quality of life has suffered and I have a lump and an ugly scar that will never go away.

The store HAS admitted fault .

I am in a close situation with you here, but from being hit by a jack knifed truck on June 20th and am still in pain and as a matter of fact went for a MRI yesterday,..
When figuring your settlement take in to case your children and what they lost...as with what my lawyer has told me, my children have lost me mainly since the accident, plus I have 2 special needs one who is a CP quad and I lost my main worker to due to injury and is still gone...so we are going to figure out the hardship I had with losing time with the boys...which is very important because we had all kinds of plans for lake/zoo trips etc...
Since you had something broke, I have a back fracture, and then dealing with insurance companys...my advice is to find a lawyer, he can protect you from things that can happen down the road..a wrist injury can come back and bite you in the butt...have seen it happen to a friend of mine

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Jean-Marc-Gaspard Itard

$10,000 sounds low to me, especially if that includes the 3 months of missed work and some extra for the what "if" your have trouble down the road. My SIL received $30,000 plus paid all medical bills for plastic surgery. She was in a fast food restaurant sitting at a table and the light feel down on here, the glass ended up breaking and cutting her face, you see no scaring now, and I can't imagine her having trouble down the road for this problem. She didn't use a lawyer, and 30,000 was the 1st number they came to her with, and she took it.

So I would wait to see what they offer you before you start thinking about a lawyer. I think most major retailers would offer a fair settlement. I think sometimes people are just sue happy. However, if they give you a 10,000 figure I would consult a lawyer. If you ever need a carpal tunnel surgery down the road, your insurance might not cover it since its from this accident, plus it would probably cost more then 10,000 including physical therapy. JMHO

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My neighbor had an accident at a store. She broke her arm. They settled for all medical bills covered plus a cash settlement of $55,000. I was shock since she just tripped on her own. The store was not at fault but she did have a lawyer.

I hope the best for you.

FWIW--the average CTS release surgery does not cost nearly $10K and that includes PT. MAYBE $5K--and that's if there's significant issues during the surgery or issues after surgery (like an infection). But, you would be correct in that the insurance may not cover it. But, by the same token, if in the future the OP has problems w/ this wrist, it will need to be proven that this injury is the direct/proximal cause of whatever she is suffering with or from at the time.

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

Well I am not in the medical field, that is why I looked it up prior to posting Carpal Tunnel Syndrome according to this website its about 10,000 per hand. When my hairstylist had her hand done I remembered her saying it cost almost 8,000. Maybe its a regional cost because I found another website saying to could run between 4-7k Carpal Tunnel Release Surgery . I just think $10,000 would be a low figure considering the damage OP occurred.

__________________
Chicago Bears!!!!
We are the Bears Shufflin' Crew
Shufflin' on down, doin' it for you.
We're so bad we know we're good.
Blowin' your mind like we knew we would.
You know we're just struttin' for fun
Struttin' our stuff for everyone.
We're not here to start no trouble.
We're just here to do the Super Bowl Shuffle.

See..... now it would never even occur to me to sue a store for an accident that was not their fault.

*sigh* I wish I was in the medical field! I process work comp claims all day and CT release is a biggy. And yes, it is going to depend on where you live, and what resources you have close to you (hospital vs. stand alone surgery center, small PT facility vs one that is associated w/ a large hospital).

It's hard to put a price on pain/suffering and future medical costs. If you are wanting more than lost wages and medical paid, then I would suggest you get an attorney.

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

I am sorry, I just reread my op and the torn ligament was the lower part of my right thumb. The surgery bill was close to 12,000. I cannot open jars, use a manual can opener.

Let's just say, I don't envie monkey's! Having no thumb to use. Try hooking your bra, putting in a pony tail, tying your shoes, buttoning your pants.

Simple things we do everyday, I haven't been able to do and now is painful to do if I try.

Things will slowly heal;, but I have to look to the future. Arthritis, the weather change affects my hand. I just want to be sure I am covered for anything that might go wrong.

Thanks for all your input, it has been helpful.

Hire the lawyer, there's just about no way that you can end up with less when they're done then you would have gotten without one. Anything from 30-40% of your settlement is a fair and reasonable fee. I just hired a lawyer because I was in a car accident and he will get 33 1/3 % of any settlement he wins for me, or 40% if it goes to trial. Those are the normal rates in my area. However, he does not take a cut of any money I get to reemburse me for medical bills, and since I currently have no health insurance I need every penny of that. His cut only comes from the pain and suffering portion - since I didn't claim lost wages I'm not sure about his policies for that. There's also a roughly 300-700 fee for paperwork costs - ie when the doctor charges him money to get a copy of my records and any court filing fees. Those would also come out of my settlement.


And let me repeat one more time - the rate your lawyer wants to charge is text-book normal and is actually a few percentage points lower then some areas. Hire the lawyer. You will not regret it because if you don't get money - neither does he.

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The only thing I'll say is that, speaking as a lawyer, the numbers people are throwing at you for settlement offers are completely meaningless. The only way you can know what's fair is to evaluate the liability of the store, the amount of your bills, the lost wages, the length of recovery and the permanency of your injury and weigh all that against what a jury in your area is likely to award. In addition, the laws in your state might prohibit reimbursing the insurance company or they might demand it. If you're covered under an ERISA plan, you probably have to reimburse the plan, but you might be able to get some credit for the actions you take in making the recovery. Claims that people recovered huge sums even though "it was her own fault" just don't ring true -- and I hear that stuff all the time. Usually, the person making the statement simply is not fully informed on the facts of the case and has only heard bits and pieces.

My advice would be to hire a lawyer, but -- given your bias against them -- maybe you're better off doing this on your own. It's not fair to the lawyer to have you second guessing their work, if that's what's going to happen.

I so agree.

I am going to see a surgeon on Dec 10th. I have severe Carpal Tunnel that has now caused muscle damage to my upper arm, right side.

I am very scared, unsure of what the surgery entails. I just took a new job on July 30th, so the timing couldn't be worse.

Long story-but it is work related, and not by my new employer. They wanted to settle for just "sprain and strain". It has been a nightmare that I wish was over.

Hey good to see you posting, Ohhgodd!

Please clean out your PM box--I tried to send you one and got a mssg that your box was all full! I have something I'd like to discuss with you regarding your carpal tunnel.

Marilyn

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

Your medical insurance company will most likely subrogate and get their money back for the medical aspect. I agree with most of the posts above that you should hire an attorney. I think that attorney's have a bad reputation because all people hear is the negative stuff. We have hired attorney's in the past years for land issues and have never been displeased. I have never had an attorney for Per. Injury stuff, but it doesn't hurt to check it out.

Good luck OP.

I'm a former legal assistant and court reporter. Your case sounds really complicated and even though you don't want to go to an attorney, I would definitely hire one. An attorney can take you thru this easily and you won't have to worry about it. You've got too many details and injuries, lost wages, future lost wages, future pain and suffering from this injury, plus all your medical bills. Five years from now, suppose you start having problems with this wrist? By then, you've signed papers settling everything and gotten a small amount for something you deserve more for. You've got children to think of and just because you don't want to 'give' 1/3 to the attorney, it would definitely be in your best interests to hire one. They'll earn it and they know their way around insurance companies and will think of things you never thought of.

HIRE AN ATTORNEY!!!

I just have to chime in on this statement: Not everything that ever happens to her wrist is going to be related to this injury! 5 years is an awfully long time to expect that something would be directly related to this accident....

I injured my knee in high school (playing basketball). That was 21 years ago--ocassionally now my knee will hurt. And while that injury of 21 years ago MIGHT have something to do with it, on a more medically probable than not basis, there are too many other contributing factors.
15 years ago, I sprained my wrist very badly. To this day that wrist will hurt and ache--it might have something to do with the sprain, but probably not. When you have a significant injury you have to accept that at some point the pain/discomfort you may have is not necessarily from the injury but from growing older, and various other factors.

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

It was just a figure of speech!! She doesn't know what's going to happen to her wrist in a few years and it may be directly related to this accident. She should be very careful about taking a small settlement and think of her children. My gosh, she was out of work for 3 months with this part of the accident. Suppose she signs settlement papers for $10,000 and then a few years later, another problem related to the accident and wrist flare up? She's screwed because she wasn't qualified to make this decision. Insurance companies aren't around to help you get the largest amount you're due; they're there to talk you into taking the smallest amount they can get away with. That's why she needs to hire an attorney.

MarilynK..

You mean I have to get rid of my pms I have saved in there from 6 years ago???

perish... LOL


Cleaning out the dust and clutter now. I'll be looking forward to your PM!