Legal Question in Personal Injury in Florida

My daughter was injured by a rose

My family was vacationing in florida last year. While dining at a restuarant on thanksgiving a employee at the restaurant threw a rose towards my daughter to catch. She caught the end of the rose right in her eye. It was like a dart. We reported it to the restaurant. Later that night we ended up in the emergency room and it was determined that she had a scratched cornea. It ruined the rest of or vacation. She still complains of blurriness from that eye but doctors are only finding slight near sightedness. Insurance company is offering $1400 to settle claim and doctor bills . Should we?


Asked on 8/27/08, 4:49 pm

4 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: My daughter was injured by a rose

You really should speak with a lawyer about this. Some depends on what the injury is and whether itr will get better. If it will, you probably don't need a lawyer. If your daughter's injury will not completely heal, you almost certainly need to get a lawyer. There are, as well, special rules that apply to settling a minor's claim.

I would be happy to speak with you if you want to pursue this.

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Answered on 8/27/08, 5:15 pm
Robert Roemer Robert Roemer

Re: My daughter was injured by a rose

The first thing you might do, at your own expense, is have your daughter see an eye specialist for a second opinion.

From this determination you will be in a better position to determine whether to take the settlement. You can try to negotiate with the Insurance Company for a slight increase in the settlement offer.

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Answered on 8/27/08, 5:28 pm
Alexander Kaplan Alexander L. Kaplan, PA

Re: My daughter was injured by a rose

$1400 sounds to me like a very low-ball offer by an insurance carrier trying to get out of a clear liability case. You need to hire a good personal injury attorney and also go see an eye specialist to have your daughter evaluated. I am most concerned about long-term eye damage.

Email me if you need assistance.

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Answered on 8/27/08, 5:51 pm

Re: My daughter was injured by a rose

Sounds like the offer barely covers the medical expenses and provides almost nothing for pain and suffering. You'd need to bring your case in a FL court, most likely. Get a referral through the local bar association. They have lists of accomplished practitioners in every field. Good luck. Best, M.E. Zuller

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Answered on 8/27/08, 9:56 pm


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