Product liability (2nd degree burn and scar- small area) How do I calculate a fair settlement?

Question

I got burned using a thermal wrap -claim adjuster from the manufacturer's insurance company wants to know what amount was I looking for ( I assume with regards to pain and suffering) --burn area was not huge but uncomfortable and pained for 2 weeks, was infected and had to take antibiotics, compounded a knee condition I had previously, and left a scar. In addition, when I went to report this to the company got ran around in a circle - people there had the incorrect procedures- I had to actually teach a store employee how to report it per the insurance company telling me the correct way, they have taken months to contact me and I get 1 return phone call for every 10 calls I make to check on the status. I don't think of this as a lottery ticket but I was injured, did have a good deal of pain for about 2 weeks, and am annoyed at the shabby response of all involved. What's fair and how do you figure it ? How does a casualy adjuster come up with a number?

Answer 1

If you want to settle the claim quickly file a lawsuit. The manufacturer's insurer is under no obligation to deal with you. The manufacturer is the client, not you. So if you want to get their attention file a lawsuit. As for what settlment amount that depends on your negotiation skills if you don't wish to hire you own lawyer. I recommend taking all of your medical bills, all associated costs, lost wages, etc. and then decide on an additional amount you feel is fair for your pain and discomfort (a lawyer would have a better idea of this figure as they keep an eye on settlments in your area for this type of injury) and double it. Put that amount in your statement of claim. The other insurer will counteroffer, then start negotiating to meet somewhere in the middle.

You could always hire a lawyer to do this for you, however considering they usually take 1/3 of the settlement as their fee you may be no further ahead.