Legal Question in Personal Injury in Massachusetts

Fair Settlement Offer?

I need a help with this issue, my son broke his arm almost two years ago, his arm has healed but it has healed slightly crooked, since this is a slip and fall injury on ice, is $21,000 a fair amount for that kind of injury in Massachusetts?

The Lawyer did not demand any future loss of life enjoyment claim. Please help me to understand if this is a fair claim for these types of injuries?


Asked on 10/01/02, 10:06 pm

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman

Re: Fair Settlement Offer?

A fair settlement takes into account the strengths of the case, the likelyhood of an appeal, and the results of that appeal, your time and the time of your attorneys, the facts of the case, including your son's responsibility, the uncertainty of what a jury will do, and whether you will ever be able to collect if you win. A settlement is typiclly paid to you, before you dismiss the case, and so the collectability of the settlement is ususally not an issue.

In this context, it is dangerous to ask the question you asked, if you will depend in any way on what opinions you hear from attorneys who do not know answers to the above questions. Do not even listen to my opinion (which I do not offer), if I expressed an opinion on whether this is a good offer. Talk to your attorney, and ask him or her to explain their thoughts on the settlement. Ultimately, you must decide whether to go forward with a trial, or settle. In almost every case, as soon as the papers are signed, "buyers remorse" sets in, and people wonder if they could have done "better". It only serves to make you unhappy, you must move on, if you settle.

Best of luck to you in this difficult situation.

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Answered on 10/02/02, 10:18 am


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