I know this is a horrible idea.. but I have a legal question to any of you Lawyer/Poker players who Hoyazo says infest this realm. So as you may or may not know a year or so ago my little daughter (three at the time) was in the "care" of a small (But Ritzy) gym chain in their tots program. These buffoons were not watching her closely and also had the mats setup wrong and also she was on equipment she should not have been on and she fell. She snapped the bone in her arm and had to be rushed to the hospital where they put her on a morphine drip and set her arm as she howled in amazing amounts of pain. No fun for anyone. So anyway the insurance company wants to send us 5K to settle the whole thing and not sue the fuck out of them. We probably were not going to sue the fuck out of them but were considering it.
My first question is how do you quantify the value of this kind of case. Is it worth going after them for more money? Is there some easy way to figure out a probable dollar amount? I mean if we are talking a few thousand more then its probably not worth it. If we are talking 10-20K more and up then why the fuck not. Consider that she is four and very cute. Go Jury!!!!!!
The second question is how do we protect against future problems. Now she has been back to the doctors and the arm is growing back correctly and nothing is out of place. Hopefully that is the end of it but there might be a slight chance it does not heal correctly and she might need surgery in the future. I assume taking the payout stops us from getting this treatment paid for in the future. Is this something we should be concerned about? Would insurance cover it all? Any idea? Can we make a clause that any future medical bills related to the injury must be paid by them but we will not ask for future pain and suffering damages?
Anyway I figured I would throw it out there for the fuck of it. Let me know if anyone has any experience with this kind of thing.