Advice on Legal Settlement for My Son's Facial Scars

Require that all expenses be reimbursed, ask them to make a donation to your favorite charity and be thankful.

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This is not a time to profit off the hotel! Your son was running -excitely-through a hotel room! I would talk to my doctor to see if the scar will be life altering or not( your son will have a cool story to tell about his adventure in Hawaii). Check into a plastic surgeon-just in case. Kids fall and get cuts and bruises all the time! Like the mom said earlier-if he was jumping on the bed and hurt himself-whose fault would that be! Come on-we need to quit being soooo "sue happy"! (and I am an attorney's daughter!) After talking to the doctors and maybe an attorney -for free-add up your expenses and go for it! maybe the hotel will comp a trip to there again for being nice and not too greedy! How would you feel if a child happily ran into your glass door or window? Would you want those parents to sue you for their retirement home?? If I sued every time any of us fell and it left a small scar-I'd be in court all the time! Scars do fade with time and Mederma and/or vitamin E help a lot!
Be thankful you were able to go to Hawaii with your wonderful family-most of us cannot afford such a trip at this time! Good luck

1 mom found this helpful

It doesn't appear that the hotel was really liable. Seems to me that they are being quite generous as it is. The responsibility lays with the parents and the child. We all have rambunctious children. Just because they hurt themselves on someone else's property doesn't make it the property owner's fault.
Have the medical bills paid for and be thankful you got that. Insurance may have paid most of that anyway.

1 mom found this helpful

I still don't get how a person falls through a glass door (without running, jumping, etc.)? I would never expect any windows to be safety glass in a hotel and really don't understand how this is the hotels fault in the first place. Sorry...I just can't picture this but I know we don't have the whole story. If the cut is really that severe then I would hire an attorny if you think he will need further surgeries. If it's just a cut that will heal without surgery, then I agree with whoever wrote "Require that all expenses be reimbursed, ask them to make a donation to your favorite charity and be thankful." I'm sorry, I just don't see how the hotel is responsible for this accident. I know because it happened in their building they can be held liable but is just seems like me jumping off the bed, breaking my arm and suing the hotel...I don't get those situations, but to each their own, you need to do what feels right to you.

1 mom found this helpful

Are you looking to sue the hotel? If so, you need an attorney.

How bad is the cut....I know as a mom...any cut is a bad cut...but be realistic...can it be altered by using a creme such as vitamin e oil to greatly reduce scarring OR does it need plastic surgery to assist in making the scar less noticable (plus the vitamn e oil)?

If you don't want to retain an attorney, think of am amount and start negotiating on your own.

FIRST and FOREMOST......YOUR SON is the interest here...not $$$

I am not the the type who looks for settlement (suing) as a lot of people are (not suggestiing you are either).

I DO suggest....whatever settlement you get....put it in a separate fund SPECIFICALLY for your son because it is HIS injury/HIS body. Any monies you recieve should be specifically directed to a fund for your son.

Hope that helps.

I am sorry that I have no advice as far as the financials go but I think the thing that would stick out for me is....What have they done to ensure this doesn't happen again. There isn't anything as frustrating as finding out that it has either happened before or that it has happened after your sons incicent to another person. Before you settle you have a little bit of leverage to ask these questions.
Also during the settlement read all the fine print because there is the potential that there is something written along the lines of not speaking about the situation that occured.

Sorry I'm a risk manager and think about things a little differently. :)

Couple things, be sure you have all the medical bills you incurred: hospital, ER Physician, any x-rays, ambulance, lab work, etc. Each will have their own separate billing. You can ask the hospitals for all contact information. Don't assume, be sure all is documented.

Also, will he need plastic surgery? Is there any nerve damage or any muscle damage? Will you need a quote for future repairs?

Did you lose out on your vacation time, how many days, cost of your stay, did you lose out on financial obligations for trips you would have taken on that vacation but could not due to his accident and injuries, etc.

I'm no lawyer but I would start there. Also, can they replace the glass in the other rooms? Hate to say this, lawyers get the job done but get the majority of the settlement money. Doesn't seem fair does it.

Good luck and sorry to hear about the accident.

I agree with Ledine...I also work for an Ins. Company in the Subrogation Dept. Do your homework.

I am sure the hotel wants to settle, the sooner the better for them so you don't have time to get advice or retain an attorney (which retain 40% of whatever the settlement is)...In the State of Hawaii, you have up to 2 yrs to settle from the date of the incident (which is the actual date a monetary charge was made in the hospital).

Your Son is 7 yrs old therefore not fully developed facial-wise. I would figure in your trip cost as I am sure that was hindered especially since it happened the first day, the medical cost for that hospital trip/ER (guessing $5K - $7k), and future cosmetic surgery since he has a scar($10k - $30K), and add an additional $10k to that for future unforseen medical &/or phycological therapy for your son who suffered the tramatic event & pain.
Minimum $50k which they may refuse, but then you can remind them that the cut was 2 inches deep & he will need additional medical care & if worse comes to worse mention an attorney retention & the attorney will ask for more...$100k + . If the Hotel was a "big/known" name they probably will settle, as most big hotels liability limits are $500,000. - $1 million range. If the hotel is not so well known, then tell them $50k or you will get an attorney.

Where is the responsibility of the parents? This was an accident. The hotel should pay, if anything the cost of the medical bills and maybe the trip.

Of course you need your son's medical expenses both there and back home. Any out of pocket expenses like missing work to take him to the doctor, etc.
Ask your doctor what future expenses he may have. Will he need plastic surgery eventually? Did they get all the glass out or will little pieces work their way out over time requiring medical attention.
Get your figures together and ask the insurance company to make you an offer and go from there. I think you should get something for the accident ruining your vacaton, too!! They may be prepared to pay more than you think.
The main advantage of suing is to make them take the single strength glass seriously. I expect they are in violation of safety codes and should be reported to someone.
If you hire an attorney and sue you will pay him 1/3 to 1/2 of the settlement, which, of course, will be more than you can get, but you may not net as much for the hassle.
I think I would say I won't settle until the hotel replaces ALL the inferior glass and sends you a copy of the building inspectors report.
You can consult an attorney for his opinion. I strongly recommend James Hunt in Richardson. His phone number is ###-###-####. He will give you a free initial consultation and be very honest with you.
I'm so sorry this happened to your family on vacation!! God bless you all.

WHOA LADIES!!!! I just read some of the other responses!
The hotel is definately liable! Single strength glass in windows and doors is in violation of the building code here and it is such an important safety issue it may be a Federal code. A call to your local window glass man should answer that question.
In your own home you can be sued if someone falls thru your patio door or trips on a loose step, etc. This is the reason you carry Homeowners Liability ins.
I doubt if any of you live in a house old enough to have single strength glass in any of your windows. 40 years ago my boys kicked a football thru our picture window. My glass man had to chaulk it in because the required double strength glass wouldn't fit behind the rubber gasket that is generally used to hold glass.
Now I really think you should call Mr. Hunt!!

The only thing different I think I would add is this...if you settle and do not have a lawyer I believe you pay taxes on that money but somehow with a lawyer involved you do not.

The reason why I know this is because I was in a very bad car accident and we got a lawyer (suggested by my inlaws) and this was the case with us. 3 times your medical is a place to start and a general rule of thumb of what most might pay.

We never paid the lawyer anything - he was paid upon settlement. It was all stressful and even though I didn't like the idea of how much he got in the end I was thankful because insurance companies are not a fun thing to deal with.

I'm not a sue-happy person, BUT for something like that where the hotel should have had the proper glass (probably more expensive than they wanted to pay) and there could be long term affects I agree to having your expenses covered and something set aside for the time and stress.

You need to figure out what your medical bills are and any future medical bills (if there will be any). Ask for the medical bills and 3 times medical bills for pain and suffering for your son. The money for the medical bills belongs to you and your husband (since that is money you were out of pocket) the pain and suffering money would belong to your son and need to go into some sort of account or trust for him. If you are unsure of the contract or settlement terms, hire an attorney. You might be able to hire an attorney to read over the contract once you have a settlement worked out. If you hire an attorney to sue the hotel, even if it settles the attorney will get anywhere from 30-40% of the settlement.

Good luck, and just remember to be thankful it was just a few scars. It could have been much worse.

We had an accident with one of our boys and I guess I may be very old fashion because they thought we were going to take them to the cleaners. We didn't and I'm glad, it was an accident. We ended up in emergency surgery to repair the knee on a holiday week end and did physical therapy after. It made the rest of our vacation change a few plans, but we still got everything in. It sounds like yours was an accident too and I would only ask for what was not covered by insurance. Glass doors in a hotel are the same as a shopping mall or church, or your own patio doors. They don't need to say doors on them to be seen. Accidents do happen and as long as all the bills get paid, your son will have a good scar to talk about later in life. Our 4 children are grown now and love comparing scars.

I would suggest discussing this with an attorney at a free consultation. Most attorneys will offer free consultations to discuss their case and then you will know what it is worth. Also consider any surgeries he has had or may have to have to reduce the scarring and any other complications that may arrise due to this accident. They have an attorney on their side and so they are going to settle for as little as possible. Good Luck and Maybe this accident will encourage them to replace the type of glass on their balcony doors to save another person from injury.
A.

I would calculate the amount of the bills total. multiply that by 50 and then ask for that. maybe 100.

I sent you a private message.

Please do not sign anything until you consult an attorney first! Remember attorneys are here to help and are on your side! Also the hotel is only looking after their own interest, and you won't know of any hidden loop holes if you sign and settle on your own.

Of course an attorney doesn't work for free...nobody does. But if you win, basically the hotel is going to pay for those attorney fees, not you. You have to look at it from that point of view.

Not only that, if the hotel is not up to code and this case makes a huge stink, think of all the other children or people that you helped saved from broken glass. By settling quietly, you have only solved your own problem and the hotel continues to do what they are doing. Otherwise, if you make a case out of this, there's no telling what return you could receive!

Please do the right thing...consult an attorney.

I would get a consult for Plastic surgeon to see what the cost and if there will be a need for furture surgery. When my nephew was bit on the nose by a dog, they got enough to cover any future surgery that may have been needed since they were not sure how the scaring would be affected when growing.

I'd ask for the total of all medical bills/expenses related to the accident and also enough to cover the entire trip :>. And also ask that they somehow mark the doors to prevent future injury. That accident could have been a lot worse!

Normally, IF you retain an attorney, a settlement winds up being in thirds. One third for medical bills. One third for pain and suffering. One third for attorneys fees. So in this case, ask them for the medical bills(if they have not already paid them), plus two times that amount for you. Since you didn't hire an attorney and this happened on your vacation, I think you're entitled to that. I would imagine your insurance carrier has already gotten involved and you will have to pay them back what they put out for his bills....

If you ever in your entire life listen to any advice ever on this site hear this- CONSULT AN ATTORNEY!!! You do not have to retain one but at least educate your self before settling. The hotel is at fault and the hotel is fully aware of what you are entitled to hence why they are so eager to settle with you. don't you think that for your son's sake you should at least be as knowledgeable about what he deserves as the hotel is

I work for an insurance company and we deal with this all the time. The main questions would be regarding your out of pocket costs both related to his treatment and your trip, will he have future medical costs, and how bad is the scar?

We handle dog bite cases and when settling those, these are things we look at. If you know that maybe as a teen or young adult your son might want to have some type of plastic surgery then you'll need to figure that in as well.

Without a doubt, you need to consult an attorney to protect you and your son's interests!!!!!

I agree with the other moms who recommended an attorney. It may seem pretty straight forward to us, but there are things that aren't always readily apparent. For example, in some states, you have to have a court confirm an injury settlement involving a minor. An initial consultation with an attorney should be free.

If I were in your situation, I would talk to your son's doctor and see a plastic surgeon about what costs there could be to make the scars disapear, which should be possible through laser treatment and such and I would ask for double the amount that the scar repairs will cost, ask for that much. I don't blame you for not wanting to retain an attorney. You should know though that a retainer is usually less than $1000 and most attorneys will provide a breif consultation for free and maybe an hour or so consultation at fairly low cost to just provide advice. The thing about the attorneys is that if the hotel is going to settle out of court, they will pay your attorney's fees as part of that. You probably should get an attorney, they will make it so that the hotel will end up paying the attorney's fees and you won't be out of pocket anything.

If it is not that bad (I know it's hard to determine with him being your own son, but what does the Dr. and your friends think) then I would use that judgment to determine whether or not you need an lawyer.

If not, take a settlement. The thought that popped into my mind was 40K, but there is no basis for that.
I would multiply what you want by 2, because they might want to negotiate.

I know your son is the important part of all this, but lets face it, the money certainly won't hurt! The hotel has probably contacted a lawyer, and they probably told them to try to settle...because if it goes to court they could be responsible for much much more. I don't think it would be worth the nightmare of fighting it as long as the cuts are not that bad according to what your dr. says. You know what I mean?

I like the idea of putting it away for you children's education, after using enough to take your family on a less eventful vacation, lol.

I wish you well!

I say make it simple and reasonable. Make sure the medical costs are covered. A consultation regarding future medical needs, if there are any, is a good idea. Once you feel like medical costs are covered, ask for that amount. You can pay off all medical bills, and set aside whatever might be left for the future to gain some interest in a bank account, and leave it at that.

I think you should get an attorney, since you might not understand the verbage of the settlement. That's what attorneys are for - not just to sue the pants off people. Attorneys are not all ambulance chasers. They are great assets to have when you need to understand the ramifications of events and how to proceed.
The attorney could calculate his/her fees into the settlement. I wouldn't go forward without one.

I had a labor lawsuit, and to consult with my Attny only cost me $300, well worth it for the huge settlement I got. Seriously, consult an attny! Rob Ghio is who I used, www.rhinolaw.com and I love him!

First you should count your blessings that your child survived the ordeal. I would hire an attorney as you have no idea as how to proceed. However, with this said, I would do what is right... not what you can get.

Many would look at this situation with the hopes of making a financial windfall. Do what is right, fair and honest. An attorney can give you the proper advice and know of future implications that may arise (additional plastic surgery, mental implications, etc...)that you are not even aware of.

I would definitely consult an attorney, you know the hotel has and they can be really tricky in contract language and settlement stipulations (like giving you a 20 year annuity or some other way to pay less while appearing to pay you). My husband is an attorney at his own firm so he answers only to himself and does all of the work himself, no associates. A consultation should not cost you anything and they can also work to pay your insurance company less so you and your son keep more of the settlement. Private message me if you want his contact info.

Good luck to you and your family!

Typically lawyers do 3 times the amount it cost to fix the damage. 1/3 for the bill, 1/3 for the lawyer, and 1/3 for you. Also, if your son will need corrective surgery in the future take that into consideration also.

Because the scar is on his face & above his eye, ask a plastic surgeon what direction the scarred skin will grow as he ages; to the side of his face, up into his forhead area or down into the eyebrow or below it...this may be a future consideration. The scarred skin will stretch as he grows. My son did the same thing at the same age, his scar is on his leg; we did not sue.

If you want the best advice, please ask an attorney. The customary fee is 30% of the settlement. We learned the hard way that an attorney is worth the price.

Definitely get an attorney. Any funds you get should be put in an account for your son. If he does not need plastic surgery when he's older, it can be used for his education.
Be sure to ask for the inclusion of the attorney's fees in the settlement.
I have been in a couple of accidents, and having a good attorney is well worth it.
Good luck, and keep an eye on that boy. :)
B. G. (mother of 8, grandmother of 4)

I'm not an attorney but I think that if he doesn't have any long lasting effects from the injury, settle for whatever you are out of pocket on medical plus an amount for pain and suffering. If you think there might be long lasting effects, I'd call an attorney but he'll keep 40% of whatever you win, if you win.

Good luck! So sorry this happened your little boy...I ran thru a patio glass door when I was at a sleepover years ago and had to get stitches in my leg...fortunately, I had my head down so no facial cuts.

Add all expenses-medical, gas for going to the hospital, time off work-if applicable, any court costs X 2 and 1/2
That is a realistic legal feeling/Later,