Legal Question in Personal Injury in Hawaii
Hyphema Eye Injury at Part Time Job
My husband is a high school baseball coach. He was hit in the eye by a baseball in the batting cage during a regular practice. He was behind a protective barrier and the ball bounced off the frame of the batting cage and hit him directly in the eye. This is his part time job. He suffered a hyphema injury to his left eye. He has decreased vision in his inujured eye, has lost some of his perepheral vision and has frequent headaches from computer work at his full time job. In addition, his eye is permanently dialated and he is extremely sensistive to light, also resulting in frequent headaches. The insurance company has offered him a settlement of $10,000. We are concerned because his doctor indicated there is a higher risk of developing cataracts with this type of eye injury and in fact is already seeing this in the injured eye. He also said there is an increased risk of glaucoma. We are afraid that there may be further complications down the road from this injury. Is the offer of $10,000 fair with this type of injury or should we seek the assistance of an attorney?
2 Answers from Attorneys
Re: Hyphema Eye Injury at Part Time Job
I am sorry to hear of your husband's injury. Your husband should not settle his claim until and unless he knows the full extent of his injury. For example, will he need further treatments such as corrective surgery? Will he need some form of rehab to improve his vision? He should consult with his physician to determine whether he is medically stable wherein the full extent of his injury and limitations are known. This is critical because if you settle for $10K or $50K this may not be sufficient if he actually will suffer a percentage of permanent loss of vision and this may actually affect his earning capacity, not to mention a loss of enjoyment of life. Your husband should retain the services of a lawyer because his injury involves his eyes. If the offer is from a worker's compensation insurance carrier, he should consult with a worker's compensation lawyer as any offer should include future medical benefits to pay for future treatments in addition to a lump sum payment. My firm no longer handles these cases, but you can call the Hawaii Lawyers Referral Service of the Hawaii State Bar Association and they will give you the names of 3 workers compensation lawyers who can help your husband. Good luck to you.
Hyphema Eye Injury at Part Time Job
Was the settlement offered to your husband from a worker's compensation insurance company? If so, was your husband rated for his injuries. He should probably keep his future medicals open due to the nature and severity of his injuries. Please contact me at tj at hawaii-attorney dot com if you have further questions. Regards, T.J. Lane
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