How much is having your toenail removed worth?

by A
(USA)

While I was at local grocery store, a candle display fell on my second toe on my right foot. Blood shot out under my toenail. I left the store immediately. The next morning I went to the Dr and they removed my toenail.

I went back to the store and filled out an incident report, and viewed the store video supporting my injury. The insurance company called me the next day and assumed liability.

I couldn't sleep for 2 nights and missed 2 days of work. I can only wear open toed shoes and have not been able to wear tennis shoes to work out. I also need to have my nail bed removed, as my nail will not grow back properly. I have good health insurance, and so far only spent $60.00 in co-pays.

The insurance company called me this week, wanting to settle, and offered me $1500.00, which I rejected. I'm wondering what my injury might be worth. Can you give me any tips? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "How much is having your toenail removed worth?":

A (USA):

In most personal injury claims, settlement amounts are roughly determined by multiplying a victim's medical bills by anywhere from 1.5x - 5x and higher, commensurate with the seriousness of the injury. The multiple is meant to cover a victim's medical bills, out-of-pocket expenses related to treatment, lost wages, and pain and suffering.

Your injury is no doubt serious. Let's say your medical bills amounted to $5,000. If so, you wouldn't be out of line demanding $20,000 to settle, and negotiating from there. If your medical bills are less, then multiply them accordingly.

The problem is, the insurance company has offered $1,500. If you push them, they may go up to $2,000, but likely not much more. The insurance company knows at this point you have little leverage. If you don't like their offer, they know there isn't much you can do about it... unless you file a lawsuit.

Your injuries are serious enough to require representation by an experienced personal injury attorney. Gather copies of your medical records, and seek out several local attorneys. Most will not charge for initial consultations. Once you've visited with several, you will have a better idea of the viability of your claim, and the approximate amount it may be worth.

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

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION