my daughter was blinded by a golf ball....?

Question

she was blinded, the ball went thru a divider, with very poor maintenance. She has lost vision in that eye for life..
How much should I settle for?

Answer 1

How much you should settle for depends on many factors. First you have to determine how many people have any degree of responsibility regarding the situation. The liability is not clear cut based on the facts you have given. To recover damages premised on negligence, you have to show that an individual had a duty, that this duty was breached, that the breach of the duty was the proximated cause of the injury, and finally the amount of the loss sustained. What you have indicated is the damage which is high. But what about the duty in the first place? Was this at a golf course where your daughter was a spectator or participant or was she somewhere that such an occurence (errant golf ball) would be unexpected? If a neighbor was practicing golf shots in his yard and let one fly into your house, his degree of responsibility would be higher than if he shanked one at a golf course. Was the divider designed to protect against this type of hazard or just furniture? You also have to look at whether anybody connected with the incident has insurance. Most people are not going to have sufficient assets to pay this kind of loss. A judgment against someone with no assets will usually not be recoverable. If this was not at a golf course, the homeowners insurance covering the home of the person striking the ball would be a good place to start if he has an insured home. You have to be practical when looking at this even though I am sure you are enraged by the circumstances. My concern is who you can look to for loss recovery that will have the ability to pay. You need to research the laws in your jurisdiction (case law and statutory) to determine who could be considered legally at fault. Then you go after the party who is insured for this type of loss.

Answer 2

get a referal not all lawyers are good. Find a friend that knows a lawyer and ask that lawyer for a good personal inguy attorney.

You will have several people to go after The Golfer the course and the maker of the divider.If your renting the landlord too.

Good luck and god bless.

Answer 3

much depends on the jurisdiction of the case. there are services that analyze value and most personal injury attt's subscrib to these services. after obtaining the info from the service the numbers must be adjusted for particulars of the case. one thing you should know-- these are not always easy cases. i'm not sure what you mean by a 'divider' so i can't discuss liability issues. good luck

Answer 4

Is this something that could have been an accident? If it were due to lack of responsibilty, I would settle for enough to get your daughter through college and then some.

Answer 5

Get a ton of money, baby. This is permanent blindness we're talking about here. If they try to settle you for less, tell 'em to go to hell and then to court.

Answer 6

Please, shoud you want to entertain any type of settlement, obtain a lawyer. The best way to do so is throught friends, family, co workers, etc. A lawyer, and a good one, would advise you of the best course of action with respect to the pain and suffering of your daughter, and any compensation for that injury

Answer 7

If you settle for over $50K tell your attorney you are interested in a Structured Settlement. Your daughter will be thanking you for as long as you live.

Answer 8

Get a good lawyer, and once you've decided on a price, don't settle for any less.

Answer 9

You need a good lawyer who will tell you how much the case is worth.

Answer 10

Get a good personal injury lawyer, NOT one of those that advertise during "Oprah," either!