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civil injury

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  • suavae
    Greetings all. I have a question I hope is appropriate. 11/28/2008 my big toe was crushed & broken while loading drywall @ Home Depot. I was a customer. They
    Message 1 of 9 , Feb 20, 2009
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      Greetings all. I have a question I hope is appropriate.
      11/28/2008 my big toe was crushed & broken while loading drywall @
      Home Depot. I was a customer. They were @ fault.
      Their insurance company has offered to pay the medical bill ($680),
      9 days lost wages ($1370) & $950 for pain & suffering.
      Is this fair or do I need to haggle with them for more?
      Thank you for any advice...
      Steve
    • Trophy Wife
      Steve, In a personal injury case - the purpose of compensatory damages is to place the injured party in a position similar to that he would have been in had
      Message 2 of 9 , Feb 21, 2009
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        Steve,
         
        In a personal injury case - the purpose of compensatory damages is to "place the injured party in a position similar to that he would have been in had the wrong not occurred, i.e. to compensate him for injury suffered." 
         
        Under compensatory damages, you are entitled to general damages for pain and suffering and disfigurement, as well as special damages for loss of past and future earnings, and for past and future medical expenses.
         
        General damages are those that arise naturally from the commission of a tort (a personal injury).  They do not need to be pleaded specially in a complaint.  Such damages need not be foreseeable to be recoverable, and non-foreseeability will not limit recovery. 
         
         Special damages are more difficult to prove such as recovery for future medical problems may arise.  In this case, you would have to establish the probability that future medical treatment will be required and the approximate cost of the treatment.  You would need to determine if your crushed toe could cause you problems in the future, which could very well lead to future medical expense. 
         
        Back to general damages - you are entitled to receive compensation for lost pay BUT if you received payment for sick days from your employer, under the "collateral source rule"  Home Depot cannot "mitigate" it's compensation to you by saying you were paid sick leave pay.  They can't use this, or take it into consideration.
         
        Also, if you had medical bills paid by health insurance, this falls under the collateral source rule, also, and the tortfeasor (Home Depot) can't use this to pay you less for medical expenses, either.
         
        You can also claim "loss of earning capacity" even if you were unemployed or had no actual earnings accruing during your incapacity.  You can recover damages if you establish that you were deprived of earning opportunities as a result of the injury.  All you have to show is that due to the injury you were prevented from seeking employment.
         
        Under pain and suffering, you are entitled to be compensated for the past, present, and future pain and discomfort caused by the injury.  $950 seems rather low - and only you can determine how much you think the pain and suffering should be worth.
         
        There's also damage for emotional anguish if there's disfigurement.  Even if it's just a toe - is your toe permanently disfigured for the rest of your life?
         
        Nonmarket services - compensation may also be awarded for the value of such nomarket services as mowing the lawn, shovelling snow, washing dishes, or shopping.  Did someone else have to do this for you this winter?
         
        Any damage award you receive are not taxable under federal or state law.  In short, you may want to "haggle" for more before you sign off on it.
         
        Hope this helps
         
        Joan
        ----- Original Message -----
        From: suavae
        Sent: Friday, February 20, 2009 6:54 PM
        Subject: [tips_and_tricks] civil injury

        Greetings all. I have a question I hope is appropriate.
        11/28/2008 my big toe was crushed & broken while loading drywall @
        Home Depot. I was a customer. They were @ fault.
        Their insurance company has offered to pay the medical bill ($680),
        9 days lost wages ($1370) & $950 for pain & suffering.
        Is this fair or do I need to haggle with them for more?
        Thank you for any advice...
        Steve

      • Jon Rourke
        If you are smart you will get an attorney that specializes in personal injury. He will get you a lot more than what you have been offered by Home Depot. Right
        Message 3 of 9 , Feb 21, 2009
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          If you are smart you will get an attorney that specializes in personal injury.
          He will get you a lot more than what you have been offered by Home Depot.
          Right now Home Depot's offer totals $3000.00. A good attorney will get
          10 times that ($30,000.00) and maybe much more. The attorney will take
          such a case on a contingency fee basis which means you don't pay any thing
          up front. For example I was injured at work... Shoulder separation. A
          co-worker was also injured, compound fracture of his Tibia.. (lower leg bone)
          Both were covered by workman's comp. My co-worker settled what he got
          was all medical bills paid and paid by workman's comp while he was off work
          recovering. He did not hire an attorney. As for me I hired an attorney. I got
          same as the co-worker and in addition to that I received a settlement of
          $35,000.00. Of that settlement my attorney got 20%. So I ended up with
          $28,000.00 net. and for those interested such awards are tax free.


          suavae wrote:

          Greetings all. I have a question I hope is appropriate.
          11/28/2008 my big toe was crushed & broken while loading drywall @
          Home Depot. I was a customer. They were @ fault.
          Their insurance company has offered to pay the medical bill ($680),
          9 days lost wages ($1370) & $950 for pain & suffering.
          Is this fair or do I need to haggle with them for more?
          Thank you for any advice...
          Steve

        • dwissel
          Are you asking for what is fair or what you can get? Only you can determine what is fair. From: tips_and_tricks@yahoogroups.com
          Message 4 of 9 , Feb 21, 2009
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            Are you asking for what is fair or what you can get? Only you can determine what is fair.

             

            From: tips_and_tricks@yahoogroups.com [mailto:tips_and_tricks@yahoogroups.com] On Behalf Of suavae
            Sent: Friday, February 20, 2009 7:54 PM
            To: tips_and_tricks@yahoogroups.com
            Subject: [tips_and_tricks] civil injury

             

            Greetings all. I have a question I hope is appropriate.
            11/28/2008 my big toe was crushed & broken while loading drywall @
            Home Depot. I was a customer. They were @ fault.
            Their insurance company has offered to pay the medical bill ($680),
            9 days lost wages ($1370) & $950 for pain & suffering.
            Is this fair or do I need to haggle with them for more?
            Thank you for any advice...
            Steve

          • Susanne Waid
            Response to suavae regarding settlement from Home Depot: Given that Home Depot is closing stores, if I were you I would take what they are offering & be glad
            Message 5 of 9 , Feb 21, 2009
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              Response to suavae regarding settlement from Home Depot:  Given that Home Depot is closing stores, if I were you I would take what they are offering & be glad to get it.  If you attempt to get more, they may tell you see you in court & if they go completely under before your case is heard, you then have nothing.   Susanne Waid
              ----- Original Message -----
              From: suavae
              Sent: Friday, February 20, 2009 4:54 PM
              Subject: [tips_and_tricks] civil injury

              Greetings all. I have a question I hope is appropriate.
              11/28/2008 my big toe was crushed & broken while loading drywall @
              Home Depot. I was a customer. They were @ fault.
              Their insurance company has offered to pay the medical bill ($680),
              9 days lost wages ($1370) & $950 for pain & suffering.
              Is this fair or do I need to haggle with them for more?
              Thank you for any advice...
              Steve

            • Steve Gardner
              Get a lawyer, you dont know the long term impact yet, and they want out on the cheap, ... From: suavae To: tips_and_tricks@yahoogroups.com Sent: Friday,
              Message 6 of 9 , Feb 22, 2009
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                Get a lawyer, you dont know the long term impact yet, and they want out on the cheap,
                 
                 
                ----- Original Message -----
                From: suavae
                Sent: Friday, February 20, 2009 7:54 PM
                Subject: [tips_and_tricks] civil injury

                Greetings all. I have a question I hope is appropriate.
                11/28/2008 my big toe was crushed & broken while loading drywall @
                Home Depot. I was a customer. They were @ fault.
                Their insurance company has offered to pay the medical bill ($680),
                9 days lost wages ($1370) & $950 for pain & suffering.
                Is this fair or do I need to haggle with them for more?
                Thank you for any advice...
                Steve


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              • Jim Stiner
                Just becasue they are closing store does not mean they are going out of business. home repair and remodeling, by folks who are staying put will be popular for
                Message 7 of 9 , Feb 22, 2009
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                  Just becasue they are closing store does not mean they are going out of
                  business.
                  home repair and remodeling, by folks who are staying put will be popular for
                  the
                  next several years.

                  Call the lawyer on the front of your phone book and get his fee and then
                  call another one and tell them about the guy who split 80 20.

                  Try to get the lions share not 50 50.

                  Jim
                  -----Original Message-----
                  From: tips_and_tricks@yahoogroups.com
                  [mailto:tips_and_tricks@yahoogroups.com]On Behalf Of Steve Gardner
                  Sent: Sunday, February 22, 2009 9:09 AM
                  To: tips_and_tricks@yahoogroups.com
                  Subject: Re: [tips_and_tricks] civil injury



                  Get a lawyer, you dont know the long term impact yet, and they want out on
                  the cheap,


                  ----- Original Message -----
                  From: suavae
                  To: tips_and_tricks@yahoogroups.com
                  Sent: Friday, February 20, 2009 7:54 PM
                  Subject: [tips_and_tricks] civil injury


                  Greetings all. I have a question I hope is appropriate.
                  11/28/2008 my big toe was crushed & broken while loading drywall @
                  Home Depot. I was a customer. They were @ fault.
                  Their insurance company has offered to pay the medical bill ($680),
                  9 days lost wages ($1370) & $950 for pain & suffering.
                  Is this fair or do I need to haggle with them for more?
                  Thank you for any advice...
                  Steve





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                  2/21/2009 3:36 PM
                • diggerflyer
                  ... law. In short, you may want to haggle for more before you sign off on it. ... If you are a taxpayer as defined in the IRC, some awards are taxable. I
                  Message 8 of 9 , Feb 22, 2009
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                    --- In tips_and_tricks@yahoogroups.com, "Trophy Wife" <actionhero@...>
                    wrote:


                    >
                    > Any damage award you receive are not taxable under federal or state
                    law. In short, you may want to "haggle" for more before you sign off
                    on it.
                    >
                    > Hope this helps
                    >

                    If you are a "taxpayer" as defined in the IRC, some awards are
                    taxable. I believe general damages are, but not those for pain and
                    suffering. Do your research first before assuming.

                    Diggerflyer
                  • Trophy Wife
                    Check 26 U.S.C. Sec. 104 and 105 - damages received as a result of a tort are not taxable, only if you receive punitive damages (to punish tortfeasor). For
                    Message 9 of 9 , Feb 23, 2009
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                      Check 26 U.S.C. Sec. 104 and 105 - damages received as a result of a tort are not taxable, only if you receive punitive damages (to punish tortfeasor).  For punitive damages, you would have to prove that the tortfeasor (Home Depot) acted willfully and maliciously, which is doubtful.
                       
                      I like the idea of talking with several attorneys and see what they say about the case, and what the offer was.  Normally, for a civil case, they do not charge for an initial consultation.  Establish this up-front, and get them to take it on a contingency basis.
                       
                      Joan
                       
                      ----- Original Message -----
                      Sent: Sunday, February 22, 2009 9:57 PM
                      Subject: [tips_and_tricks] Re: civil injury

                      --- In tips_and_tricks@ yahoogroups. com, "Trophy Wife" <actionhero@ ...>
                      wrote:

                      >
                      > Any damage award you receive are not taxable under federal or state
                      law. In short, you may want to "haggle" for more before you sign off
                      on it.
                      >
                      > Hope this helps
                      >

                      If you are a "taxpayer" as defined in the IRC, some awards are
                      taxable. I believe general damages are, but not those for pain and
                      suffering. Do your research first before assuming.

                      Diggerflyer

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