How much compensation for child head injury?

by admin on June 7, 2010

Make a claim for child accident?
I made a claim against a childs soft play company after my child had his had split open on a item that should had been made sercure.
I have now recieved back a letter from the company stating that they admit liability for the accident.
My child split his head open (2" cut) of forehead and had to be taken by ambulance to hospital to have head glued.
I got in contact with the enviomental health and they vistited the place and have now made the company change things in the work place( 1 being making sure all staff or Ostead Registered as they was’nt)
Anyway the Insurance company want to know my ‘losses’.
I do not work so no loss of wages. My child will not go to any of these soft play places again as he is affraid to do so. Also his head has scared and there is a slight lump where the scar is. I did not take on a solicitor and am now worried as what to reply to the letter!! any help would be great!
Thanks

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{ 3 comments }

Joe June 7, 2010 at 7:08 pm

Claim adjuster, 3 years:

First off, a lawyer while a valuable resource can be helpful. However, you need to make an educated decision on hirng a lawyer. Specifically, there are some unscrupulous lawyers out there.

Keep in mind that lawyers will take a fee on any settlement, and that would normally be approximately 1/3,

As for insurance companies not paying claims, it really depends on the carrier, and most would pay a claim they owe.

Your description indicates that you are dealing with an adjuster, and a company that plans to work with you. The fact that they put in writing their admission of liability is a huge mistake on their part. No experienced adjuster would ever do that.

Neverthelss, a 2 inch cut on the forehead would be worth some money. I would need to see the scar to put a good value on it.

Your real value here is not the fact that your child is afraid to play in certain places, because you cant prove that. To prove such allegations, you would need an expert to point to this fact. Your adjuster wil likely point this out to him/her.

Your losses involved are for the scar, and any out pocket medical expenses associated with this.

Keep in mind that there is a minimum in most jurisdictions that you can settle a case without the permission of the court on behalf of your minor child (you would not need a lawyer to do this). You can respond to that letter. Questions to ask your adjuster:
-What is the statute of limitations. Does it start when my child reaches the age of majority.
-Is there a limit that I can settle this claim without the permission of the court.

In terms of value, 2 inches, on the center of the forehead, for a two year old, in NJ, could be worth over 100,000. It can also be worth as little as 2,000 It just depends on the scar, and whether or not the scar would go away, ligthen over time.

crazydave June 7, 2010 at 7:08 pm

You need to hire an attorney. If you do this without one, the company’s insurance will try to buy you off cheaply. Many attorneys work on a contingency basis; that is, they only get paid a percentage of whatever your settlement is.

There really is not enough information to determine how much this injury is "worth". How bad are the visible scars from his injury? Has he suffered any permanent damage? Is his fear of play places temporary or permanent? You need representation on this. Good Luck.

(Edit) DO NOT reply to the letter from the insurance company. Refer all questions and correspondence to your attoirney.

CHICKENHAWKHUNTER June 7, 2010 at 7:08 pm

THE INSURANCE COMPANY IS GOING TO DENY DELAY AND DEFEND.DDD. THEY HAVE THE BEST ATTORNEYS MONEY CAN BUY….
THEY WOULD RATHER PAY ONE OF THEIR ATTORNEYS THAN PAY A VICTIM OF AN ACCIDENT.
MY 17 YEAR OLD BROTHER WAITED FIVE YEARS JUST TO LOSE IN COURT. THEY PAYED AN EXPERT 10K TO SAY THE WRECK HAPPENED THE WAY THE INSURANCE COMPANY WANTED IT TO HAPPEN. HE WAS IN INTENSIVE CARE WITH SKULL FRACTURE, BROKEN FEMUR, BROKEN TIBIA, PULMONARY CLAPSE, AND HAD TO HAVE A BLOOD TRANSFUSION., HE HAS 3 TITANIUM PLATES AND 23 SCREWS HOLDING HIS HEAD TOGETHER. INSURANCE COMPANIES ARE NOT ON YOUR SIDE. THEY ARE THE CRIMINALS….AND ITS UNBELIEVABLE THAT OUR GOVERNMENT BAILS THESE INSURANCE COMPANIES OUT SO THEY CAN RUIN MORE LIVES.

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