Where's my jury at??

[dino_electropolis]

Ok, so i am in the process of settling a case and wanted to know what you guys would value my client's injuries, as if you were prospective jurors.

Liability is a non issue.....really just how much its worth.

4 year old girl gets a nice 2 inch laceration on her shin. 8 stitches, in a "cast" for 2 weeks. Permanent scarring. Defendant is a large corporate chain store.

The pitch with these types of cases is that this type of injury is more valuable on a female than a male, because her scar will always be noticeable as she grows and turns to a young lady wearing skirts, etc.

So, what' the value?

[KnoxHarrington]

Hmmm...not debiltating, won't interfere with her ability to work, and the question of it making her unattractive in some way seems to be very nebulous. I mean, yeah, some guy might be turned off by it, but she can always find some freak who likes to jack off onto the scar or something.

I'm not sure I'd give much in the way of punitive damages. Maybe, at most, $25K or so if she decides later she wants plastic surgery to try to deal with it, or she can't find a freaky guy who wants to jack off onto her scar. But that's about as high as I'd possibly go. I certainly wouldn't go for some insane "This company scarred this little girl for life, let's give her $100 million" nonsense.

[Misteriosa]

i would make them pay 25k but make the parents put it into a college account (one where the parents cant raid it) for the little girl.

edit: added an extra zero by mistake

edit edit: in response to furhterman, having a scar on the leg is a big deal (for me). i have these bumps all over my skin (keratosis pilaris) and i scar very easily. i would get teased about them like hell. the kids used to call them cheetah spots. to this day, im self conscious about letting my legs see the light of day. i wear pants almost exclusively and it has to be a really hot day for me to wear shorts.

[JPMNICK]

20-30k

thousands of kids get the same injury playing in their house, outside, at schol, etc...

In reality, i would not give them anything, but I did not hear all the details. but unless a store clerk shoved her into the edge of a shelf, it would be hard for me to give these people a payday.

[dino_electropolis]

knox, well thought out. This is by no means a bank breaker case, and your proposed amount is actually quite on the mark.

[dino_electropolis]

but unless a store clerk shoved her into the edge of a shelf, it would be hard for me to give these people a payday.

well, liability is a non issue as i stated. But if there was some type of intentional shoving going on, then we would be open to punitive damages which would get us closer to that million dollar wackiness Knox mentioned above.

[Hottub]

Pay the hospital bills, and if it is really that hideous ( I doubt it) pay for any plastic surgury down the road.
Money should not be trading hands.

[Jughead]

This happened to my little sister.She was running through standing water,and her leg went in a crushed tile...Big v scar on her leg .She took inter-vinous antibiotics for months....she got $45.000 the women factor did matter in the settlement according to my dad...

[Misteriosa]

This happened to my little sister.She was running through standing water,and her leg went in a crushed tile...Big v scar on her leg .She took inter-vinous antibiotics for months....she got $45.000 the women factor did matter in the settlement according to my dad...

did she have septicemia or cellulitis?

man that sucks :-(

[Jughead]

did she have septicemia or cellulitis?

man that sucks :-(

It was standing water on flat grass ground in my dad's neighbors yard...That nasty water went all the way in the bone.. I just know it was a bad infection from the water......it happened when she was about 7 she is 29 now..I think It did heal well Better than I thought it would at the time

[Misteriosa]

It was standing water on flat grass ground in my dad's neighbors yard...That nasty water went all the way in the bone.. I just know it was a bad infection from the water...

then i'll go with cellulitis. glad she still has her leg.

[Jughead]

A utility truck had been back there and drove over the clay tile..... it was like a razor on the edges her little leg went right in it

[Dude!]

well, liability is a non issue as i stated. But if there was some type of intentional shoving going on, then we would be open to punitive damages which would get us closer to that million dollar wackiness Knox mentioned above.

what does "Liability is a non issue"
mean?

[dino_electropolis]

what does "Liability is a non issue"
mean?

Basically means that there is no question as to fault in this matter. In nj, there is something called comparative negligence, whereby a jury award will be adjusted based on the proportion of fault (i.e. if plaintiff's negligence was 25% the cause of the injury, they would deduct 25% of the award) In nj, a 4 year old child is legally incapable of being negligent. Moreover, the defendant in this particular instance are charged with the duty of producing evidence to show that they took all the necessary precautions a reasonably prudent person would have to avoid this injury.....they have failed to do so.

While liability will be contested at trial, i mean is a non issue because i am confident that the defendant will be found negligent.

[Chigworthy]

what does "Liability is a non issue"
mean?

That liability is not an issue in the case; i.e. it's probably already been determined or bypassed.

I'm just guessing, but I'm somewhere between a super-intellectual and a genius.

[opie's twisted balls]

8 stitches and two weeks in a cast is all?

would award medical costs and one lolly-pop.......the family gets the cash to cover their medical bills and the lolly-pop gets rammed up your ass for being an ambulance chasing shyster

[dino_electropolis]

8 stitches and two weeks in a cast is all?

would award medical costs and one lolly-pop.......the family gets the cash to cover their medical bills and the lolly-pop gets rammed up your ass for being an ambulance chasing shyster

Your honor, with our thanks, we would excuse the douchebag juror from canada.

[Aggie]

8 stitches and two weeks in a cast is all?

would award medical costs and one lolly-pop.......the family gets the cash to cover their medical bills and the lolly-pop gets rammed up your ass for being an ambulance chasing shyster

ambulance chasing paid for my college and wedding. i salute you dino! :)

[dino_electropolis]

ambulance chasing paid for my college and wedding. i salute you dino! :)

Hey, as per my avatar and incessant plugging of the Warped Tour thread, chasing ambulances is clearly not my passion.


However, i do take pride in helping people who have been injured by asshole drivers/landlords/bouncers etc.....

are there a couple of clients that are iffy.....of course.....but my name is not on the law firm door!

[Aggie]

Hey, as per my avatar and incessant plugging of the Warped Tour thread, chasing ambulances is clearly not my passion.


However, i do take pride in helping people who have been injured by asshole drivers/landlords/bouncers etc.....

are there a couple of clients that are iffy.....of course.....but my name is not on the law firm door!

i know, just saying there are haters. my dad is very picky about his cases and clients and could never be considered an ambulance chaser yet he continues to be called that. he helps many people with his day job but does not define himself by his profession either. he has made a great living for our family and you should be proud to do the same.

[Dude!]

8 stitches and two weeks in a cast is all?

would award medical costs and one lolly-pop.......the family gets the cash to cover their medical bills and the lolly-pop gets rammed up your ass for being an ambulance chasing shyster

right on!

[hunnerbun]

8 stitches and two weeks in a cast is all?

would award medical costs and one lolly-pop.......the family gets the cash to cover their medical bills and the lolly-pop gets rammed up your ass for being an ambulance chasing shyster


Your honor, with our thanks, we would excuse the douchebag juror from canada.

I can't decide which of these made me laugh more...

[dino_electropolis]

I can't decide which of these made me laugh more...

the lollipop up my ass line made everyone laugh more!

[disneyspy]

if i was on your jury,it would be a hung jury

[Hottub]

Having a few friends who are attorneys, I have learned that for a time they become passionate about the direction, or cases the firm chooses to accept. That is their focus and fire. After a while, burnout sets in.

Fatback started in the Bergen County Prosecutors office. Talk about gung ho!
That got old for him rather quickly. He left and joined a firm that specialized in schools and school board mediation.
He liked the field, but after a few years, realized he was on the wrong side of the table.
He is now in his second district as member of the school board. Never looked back. He is a lawyer by name only, since he has no office. (But does keep up with his dues and required advanced traing.)

As a matter of fact, of the 5 people I am close with who became lawyers, only one still is. He's the Judge up in Weeka/ TC country.

My roundabout point here is, if Dino left the firm tomorrow, and joined up with one that specializes in divorce, real estate, corporate mediation, etc., that maybe his new passion. Not a bad thing.


Until the band gets signed to a sweet deal!!:thumbup:

[Suspect Chin]

This happened to my little sister.She was running through standing water,and her leg went in a crushed tile...Big v scar on her leg .She took inter-vinous antibiotics for months....she got $45.000 the women factor did matter in the settlement according to my dad...

So your dad sued his neighbor because your sister hurt herself in the neighbor's yard?

[Hottub]

A quick aside to the "dirty job".

I also learned that it is really easy to bill $200/hour for the time it takes for a paralegal or secretary to sit on hold waiting for "George" in Bombay to answer, or type a contract, then copy, fax and mail it.:furious:

I'll punch out for a few and calm down, now.

[PapaBear]

A quick aside to the "dirty job".

I also learned that it is really easy to bill $200/hour for the time it takes for a paralegal or secretary to sit on hold waiting for "George" in Bombay to answer, or type a contract, then copy, fax and mail it.:furious:

I'll punch out for a few and calm down, now.
I bet he's charging for the time he spent posting this thread!:tongue:

[Jughead]

So your dad sued his neighbor because your sister hurt herself in the neighbor's yard?

It's a long story But they are very very good friends then and now.....