Visitor Question

Broken Finger on Restaurant Chair…

Submitted By: Mom (Colorado Springs, CO)

My fingertip was sliced across the nail and fractured when I sat on a broken chair in a fast food restaurant. I am a stay at home wife and mom of a household of 8, unable to perform my daily chores and responsibilities.

What’s the monetary value of my injury?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mom,

If your injury required not much more than a few stitches and some antibiotics your claim won’t be worth enough to even file a claim. The facts you present don’t mention if you required any medical attention. Without medical bills to support your claim of injuries the value of any case you might have diminishes rapidly.

Too often people believe if they have been even slightly injured in a commercial establishment they will automatically be rewarded with a substantial cash settlement from the establishment’s insurance company. Now we are not suggesting you are one of those people, but it must be made clear that the slightest of injuries in commercial establishments does not qualify as a personal injury case.

Regrettably, if your injury required medical care and you have the medical bills to support your claim, the courts traditionally have not based personal injury compensation on the value of a mother’s household duties. Reimbursement by the courts will almost always be made based upon medical proof of injuries and documentation of lost wages.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 27, 2011

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