Legal Question in Personal Injury in Florida
Fishing lure incident @ Kmart
My 3 year old son was injured by the treble hook of a fishing lure hanging on a rack at a local KMart. It was out of the package and left where it shouldn't have been. He grabbed the bottom portion and it went into the palm of his hand past the treble and we had to take him to the hospital to have it removed.
My total bills so far are around 480.00, and I have been dealing with Kmarts people at Sedgwick. I sent them all of the medical bills, and they called and offered to give me $850.00. I think that is ridiculous, and want to know if there is a customary amount, (such as a certain amount X the bills incurred) or if there is usually an expected reasonable amount over and above the amounts incurred. My husband had to leave work, and KMart was very uncooperative, didn't even fill out an accident report later that evening when my husband returned later that evening. I had to call the following day and make an appointment.
2 Answers from Attorneys
Re: Fishing lure incident @ Kmart
Well, I am glad it was not your child's eye. I would like to know the severity of the injury - were any tendons or ligaments involved? Is there the chance of infection?
Does your child have complete flexibility in the hand? Has you child been released by the treating physican? Is there any prominent scarring?
If there is no permanent injury or scarring I would just add up the meds, add on for pain and suffering, and loss of time from work and counter offer. I would start off with around $3,000 but settle for $1500.
Re: Fishing lure incident @ Kmart
There is no set amount. It depends on the severity of the injury. You can always sue them in Small Claims Court. The court clerk will give you inforamtion.
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