How much do you think this case is worth? (CSLG)
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Date: February 19th, 2018 3:05 PM Author: vigorous locus
This isn't a very large case for me, but it is different than the run of the mill car accident I do. Curious as to your guys value on it. I am thinking around 50K but I'm not really sure. He treated with a psych 5 times and I have a really good report from them. General gist is that the school let kids use hot glue guns without training/supervision, and then he was not properly treated when he ended up getting injured. School compounded emotion distress by retaliating against him.
Here is a portion of the demand letter draft (so don't complain about grammar/quality of prose) I am working on. Photos of the hand are at the bottom:
"On October 18, 2017, our client, REDACTED, was in 5th period science lab building an “egg drop” project. As part of the process, the teacher asked the children to bring glue guns from their homes. The teacher did not instruct the children on what type of glue guns to bring, the safety procedures to be used when handling glue guns, or what to do in the event that an injury occurred with the glue guns. The teacher also failed to properly supervise the children while the glue guns were being used.
Consequently, during the project, our client, REDACTED was burned by hot glue. The glue in the gun was heated 20 degrees above the temperature considered safe for use. He immediately felt intense pain and attempted to run cold water over the site of the burn. He noticed burns on his hand and asked his teacher for permission to go to the nurse. He then asked his teacher to go and see the nurse but she refused to let REDACTED leave the class. REDACTED, still in an immense amount of pain, asked his teacher again to which she further denied a second time. Finally, the teacher let REDACTED go to the nurse’s office but would not write REDACTED a note.
When REDACTED reached the nurse’s office, the nurse refused to treat him and told him to go back to his classroom because he did not have a note, even though there were visible burns on his hand. After pleading with the nurse for aid, the nurse finally provided him with a frozen paper towel. By the time he returned to class, the paper towel was no longer frozen. During passing period, REDACTED once again went to the nurse’s office for help. Once again, he was given a frozen paper towel and turned away. Because of this visit he was late to his next class. However, the nurse refused to give a tardy slip to REDACTED.
When his mother finally picked him up from school she immediately took him to the emergency room to exam. He was diagnosed with second degree burns, and the physicians were surprised that REDACTED had not received immediate medical care. It was also learned later that other students had been burned by the glue guns, and at least one other student had had his fingers glued together.
As a result of the prolonged lack of treatment on REDACTED’s hand and the negligence of the nurse and teacher not treating his burns right away, REDACTED suffered permanent scarring on his right hand. According to Dr. Dardashti, a cosmetic surgeon, the burns were classified as 2nd degree burns on the dorsal aspect of his right hand and right 5th digit. He also noted that there is a high possibility that these scars will be permanent.
Because of the severity of the burns and the trauma REDACTED went through, he sought out a psychologist who evaluated the troubling situation he went through. At the time of the initial evaluation with Dr. Susan Ashley, REDACTED listed eighteen separate physiological complaints. To name a few, they include intrusive memories of the burn, fears of re-injury, feelings of guilt or shame, feelings of detachment from others, anxiety, anger, and low irritable moods. This accident was nothing short of traumatic to REDACTED. He not only has permanent, unappealing scars, but has suffered residual, negative psychological events that he has yet to fully recover from.
Just as concerning as his scars are the psychological damage REDACTED suffered. The teacher who caused the incident to begin with made comments about the incident to her class and to other sections of the science class attended by REDACTED’s friends. The teacher told other students that REDACTED burned himself on purpose and that the students had to receive “Glue Safety Sheets” because “someone burned themselves.”
This caused students to make fun of and harass REDACTED. Some students asked REDACTED if he burned himself on purpose. Other students told him he was dumb and that he could not handle a glue gun. Other students yet told him that they received bad grades because of him. This made REDACTED feel like everyone was blaming him and that it was his fault for being injured. Moreover, his teacher and the school barred REDACTED from working on further projects in science class. This isolated him from his friends and classmates and compounded the emotional suffering he felt as a result of this incident. Finally, the way he was treated by the school and his teacher after the incident has left him afraid of ever returning to the school nurse again in the event of an emergency"
Photos of injury: https://imgur.com/a/oaeHe
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438072)
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Date: February 19th, 2018 3:07 PM Author: grizzly racy chapel scourge upon the earth
I'd say 75K imo
I'd push it as high as possible to teach those school district pieces of shit to behave like tyrants.
Punish the teachers in this case.
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438089) |
Date: February 19th, 2018 3:18 PM Author: grizzly racy chapel scourge upon the earth
I was in a similar incident when I was young - tyrannical teacher treated me like garbage when I needed help. Happened more than a few times honestly.
When your young and in pain you need help, you don't need to get basically tortured for hours being given a runaround.
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438162) |
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Date: February 19th, 2018 3:26 PM Author: grizzly racy chapel scourge upon the earth
Probably figure out whatever that teachers monthly salary is, then, multiply that by each hour the kid had to suffer and then maybe double or triple that till you get to a good number.
Lets say the teacher is making 6-7k a month, the kid suffered for five hours that is 30k-35k and then double or treble given the disgusting behavior exhibited in the aftermath.
I think it is more of a punitive issue vs pain and suffering. The lesson to the teacher and school is simple: Don't torture school kids who hurt themselves with BS.
Teachers that freak about order and power are usually closet nutcases and control freaks. Give them the slightest bit of power over others and they turn into disgusting PIGS, making people march about and dance to their exacting whims.
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438213) |
Date: February 19th, 2018 3:31 PM Author: violent codepig area
I had a case in which a middle school girl had a softball sized patch of hair ripped out by a teacher during a botched classroom demonstration. The situation itself was mortifying to the girl, it was painful, her peers mocked her noticeable bald spot and refused to sit near her at lunch, she was too embarrassed to swim (which was her favorite sport), and there was the risk (but not a certainty) that the hair would not have the same texture or strand thickness when it fully grew back or would have problems in the future. A hair transplant expert prepared a report to that effect.
We settled at pre-litigation mediation for $140,000.
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438257) |
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Date: February 19th, 2018 3:39 PM Author: Twisted Business Firm
His case has a unique humiliation aspect and more clear-cut misconduct by the teacher.
Your client kid might be a sperg chronic trouble-maker that needs to go to the bathroom or see the nurse 20 times every class period and every kid in there was screeching and yelping about the hot glue. The teacher probably has a dozen kids a year claim they 'burned' themselves and the nurse deals with it too.
I'm not a plaintiff's attorney, obviously, but your kid got a modest burn on his hand and the school staff were assholes to him. Doesn't scan like a big one on those facts alone.
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438312) |
Date: February 19th, 2018 3:32 PM Author: charismatic ceo
50K is on the high side. If there's no permanent loss of use to the hand, you're left with the pain in the aftermath and the teasing that came later. Neither is permanent nor are they a big deal.
Teacher and nurse were assholes though. Tough to get to 50K but I'd definitely give 20-30.
I'm a lawyer though so not the kind of person you'd have on the jury
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438264) |
Date: February 19th, 2018 3:42 PM Author: 180 roommate
if i am on the jury then 25K~30K MAX. this is not a permanent injury and there was no serious misconduct or gross negligence
I would still award some damages just bcos the nurse didn't help him after seeing the burn when she saw him the first time
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438337)
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Date: February 19th, 2018 3:58 PM Author: Smoky Ape Famous Landscape Painting
In SC, I'd say settlement value between 30-50. I'd be nervous at trial on that one, as liability will surely be contested, and a bad jury could no-cause you on that.
Also there may be a danger of a meds-only award. That a wussy little kid is boo-hooing his ouchey doesn't deserve money, etc., that kind of thinking. Keep in mind I'm cheering for you and I sue our local schools all the time.
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438421) |
Date: February 19th, 2018 5:14 PM Author: Beady-eyed Frozen Theater
I'm relatively right leaning and would have given the old guy you mentioned who slipped at Macy's $0 or something nominal. But on this one I'd probably give something decent-- $25K+. Teachers, many of whom are lazy, become desensitized to children going through stuff like this, but jurors will see a hurt little kid and will find the whole "didn't have a note" thing angering.
Having kids bring in glue guns is idiotic. Not sending him to the nurse is callous. The scar picture is decent enough, although who knows if it heals.
Dont school districts publicly disclose settlements like this such that you could see what this district and others are paying out for things?
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35438975) |
Date: February 20th, 2018 9:07 AM Author: disrespectful step-uncle's house deer antler
50 grand is not crazy but it's more than I would probably award. I agree with Refunk – the damages here come from showing that the nurse and teacher acted like jerks, it's a punitive case. It's not about the severity of your clients injuries it's about protecting the next student who might have more severe injuries.
If anything the evidence of psychiatric treatment would probably make me more likely to zero him out. I would think this kid is just a whiner or he's trying to milk it. There is zero reason anyone should have to go to a psychiatrist over that kind of a burn.
(http://www.autoadmit.com/thread.php?thread_id=3897624&forum_id=2#35443678) |
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