Legal Question in Personal Injury in Washington
Pain and suffering settlement from insurance company
I am a retired man, aged 72.
Recently, while playing golf, I was hit
in the right hand by a golf ball
shanked by my friend on his drive.
(Iwas standing well off to one side.)
The blow broke the fifth metacarpal
bone in my right hand. I had to
have surgery to set the bone and
install a plate with screws. My
friend felt very bad about hurting me
and indicated he would submit a
claim to his insurance company to
cover my medical expenses. My
question is in a case like this amI
entitled to a settlement for pain and
suffering and what would be a
reasonable amount? I will be in a
cast for 6 to 8 weeks and an
unknown length of time in getting
my hand back to normal. I do not
wish my friend to suffer any out of
pocket expense. Thank you for your
help.
3 Answers from Attorneys
Re: Pain and suffering settlement from insurance company
One way to figure the amount of pain and suffering is to set a dollar amount per day for your pain - for example, $10/day or $20/day.
You need to consider, however, that you may have lifelong problems with your hand.
Merry Kogut
Re: Pain and suffering settlement from insurance company
Dear Potential Client:
What is the precise extent of your injuries? What were the events leading to the injury? What kind of health insurance coverage do you and your friend have?
It would certainly be in your interest to contact an attorney as soon as possible.
Respectfully yours.
Re: Pain and suffering settlement from insurance company
As I understand it, the ball was simply shanked and there was no negligence on the part of the swinging golfer. I don't think there is liability under the circumstances, unless, for example, the injured man was not given time to get into a customarily safe area, or was hit with the club etc. Like attendees at a baseball game, a person assumes the risk of injury by a stray ball, like a foul ball. But I wonder why the swinging golfer has offered to make this a claim? does he feel he did anything wrong?
At your service,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
