Boating Accident Personal Injury...

by Jason
(WI)

I had 2 fingers torn off on my father-in-law's boat because of his negligence. 1 finger was reattached and only bends in one knuckle, the other was not attachable at the second knuckle.

I have random pain during winter, and will have this for the rest of my life. It was my dominant hand. There is scarring and disfigurement as well. I was in the hospital for 6 days, and have been going in for follow ups for the last 6 months, as well as physical therapy.

I was able to return to work after a month but I have pain in my hand after typing for a while and it's embarrassing when clients see my hand.

Medical bills have totaled $75,000 so far. My father-in-law admits full fault of the accident, and I know his insurance policy has a liability limit of $300,000. His insurance company has already said they will pay all medical bills, and we are meeting them to discuss settlement options. What should I ask for? Thanks.

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Boating Accident Personal Injury...":

Part of the problem in suing a relative's policy is that they are just that: a relative. Before you go forward, please consider the long term implications of doing this because it may create bad blood between you and your spouse's father which would be significant.

As far as the value of your settlement, even with bills at $75,000, I would say that you should ask for the policy limits. The reason is that you usually begin by asking for 4-5 times your medical bills plus out of pocket expenses. However, when you have a permanent scar, disfigurement or disability, you will typically ask for more.

Here you have a situation where you can ask for more because of the scarring, but with medical bills of $75,000, you will end up exceeding the policy limits if you ask for more than 4 times the bills.

There is the option of suing your father-in-law personally, however I would not advise it for the reasons stated above, particularly if the policy limits compensate you fairly for your injuries.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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