Visitor Question

Partial Amputation of Child’s Finger…

Submitted By: Linda (Cherry Hill, NJ)

My 4 year old daughter was at her daycare center when another child slammed the wooden door shut on my daughter’s hand. Her finger was cut thru and thru and hanging on my a sliver of skin. She was rushed to the hospital by ambulance and had emergency surgery to re-attach her finger.

It was a partial amputation with a tuft fracture of her finger. We had an excellent surgeon who did a wonderful job on her hand. She also received physical therapy for a while and the finger now has healed well. The nail finally has started to grow back.

The insurance company wants to make an offer and settle, however I don’t know what the settlement range should be for an injury like this. Could you give me some insight? Thank you.

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 Linda,

There is seemingly never enough money in the world to compensate a child and a parent for the injuries and trauma related to such an injury. In “normal” personal injury cases a fair settlement is usually about 3x the medical bills. Lost wages, and out of pocket expenses are included in that multiple.

There is though no “normal” multiple for injuries to children, especially those who have suffered not only the trauma of the injury, but the possibility the finger may not heal properly or that scarring may occur. Instead of the multiple of 3 the multiple can rise to 5, 6, 7 times or more.

There will be a substantial difference in a settlement amount offered if the offer had not been negotiated by a skilled Personal Injury Attorney. We would like to think insurance companies consider the best interests of a child under similar circumstances, but one must remember regardless of feelings, the matter is only business to an insurance company.

Accordingly, if you choose to proceed without legal representation you can expect the offer of settlement to remain quite low, possibly little more than the costs of medical bills and physical therapy.

We suggest you visit with a skilled Personal Injury Attorney. Reputable Personal Injury Attorneys will not charge a fee for an initial office consultation. Visiting with one can really open your eyes to the possibilities of settlement. The Attorney will review with you the procedure, the time factors, possibility of litigation and more.

Once you have consulted with the Attorney you can decide whether to represent your daughter yourself, or whether to hire an Attorney for formal representation.

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: June 30, 2011

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