Legal Question in Personal Injury in California

we have an open claim with home insurance from when my daughter was bitten by the neighbors dog, at the time she was 5 years old, she is now 19 and I was told by the insurance they are ready to settle. The settlement will only be based on result of scaring, not pain and suffering or for the scare revision she underwent. Kaiser has a lien for medical expenses. How do I know what is a reasonable amount to settle on and shouldn't she get compensated for her pain and suffering?


Asked on 7/26/10, 1:34 pm

4 Answers from Attorneys
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

I cant answer your question without the details.If you wish to discuss this please call me at 916-448-8831. I can tell you that a figure for pain and suffering should be part of the evaluation.You have to be careful here as the statute will expire in her 20th birthday whenever that is.

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Answered on 7/26/10, 4:44 pm
Joshua Hale Hale Law Group

The offer without any pain or suffering may not be fair at all. You should think about filing the suit immediately, before she reaches 20 years of age.

For more in depth analysis, give me a call at your earleist conveniene.

Josh Hale

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Answered on 7/26/10, 4:47 pm
Steven Kuhn Steven Kuhn

Pain and suffering are a major part of the claim. It goes hand in hand with the scarring. Also, although Kaiser wants reimbursement, if you retain an attorney, they can reduce the amount to be reimbursed. Kaiser is an HMO and must reduce by 20% and then if there is an attorney they will reduce by an additonal 1/3 to 40%. Retain an experienced personal injury attorney to assist you in evaluating and settling your case. Has your daughter seen a plastic surgeon? Does she have an estimate for scar revision so you can include this in your claim? Is the scarring permanent. What part of the body is the scarring on. There are many issues to be taken into account in evaluating the case.

Our firm handles dog bite cases all over the state of California. Feel free to contact us for a free consultation and /or visit our website at www.lawkuhn.com

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Answered on 7/27/10, 9:13 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Yes.

My firm handles dog bite cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

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Answered on 7/29/10, 1:20 am


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