Where there's pain.....there's a claim!

[GrahamPM]

OK - advise please!
My wife, with 3 of her friends did a girly break to New York at the end of November for a few days, arriving on Thanks Giving day the 28th. First day shopping, she's in a high street clothes store looking at the merchandise, and goes to lift a garment off the rail. A '40% Off' sale sign housed in a steel frame about 6" square with support bracket, not correctly attached to the shelving unit, fell off and swung forward (part attached with steel rod) and smacked her in her face. She fell to the floor in both shock and pain.
The young sales assistant looked on in disbelief and didn't know what to do! My wife's friends rallied around and after a few minutes the store manager arrived. My wife was distressed, upset and shaken, and after another ten minutes or so, the store first aider arrived with an ice pack and glass of water (after a request from the ladies).
The incident was registered to the store accident book and my wife's details recorded plus the hotel info where she was staying.
The next day my wife had a bruised and swollen black eye which caused a great talking point to say the least! Americans aren't subtle when it comes to pointing out injury!
Once back in the uk I contacted the stores head office and after a couple if days we were contacted by their legal department who had all the info on record etc. So now 4 weeks later, there is still yellowing around her cheek bone and the slightest of swelling, but appears to be healing slowly.
We have sent weekly updates and pictures to their legal guy, and they appear to be concerned about her well bring etc, and have told us that they will now pay us compensation!
They have asked us to put a value / what our expectations are!
I'm not going / don't want to involve a third party claims company, so what would be considered a reasonable sum considering the distress and injury???
Thoughts please?
Graham.

[Grandfondo]

$150,000.

[Du1point8]

$160,000 in compensatory damages and $2.7 million in punitive damages

[MajorProblem]

Distress and injury

God help her if she gets cancer or has to have a limb amputated.

[GrahamPM]

Hey - they offered! I thought a tenner! Wife wasn't so impressed with me

[scottri]

I'd be trying to get the cost of the holiday back. Easy to frame your reply "ruined holiday, would like to go back to NY etc, £1.5k please".

FWIW i'm not a fan of the compo culture but nor would I turn down someone offering me some cash.

[98elise]

scottri said:

I'd be trying to get the cost of the holiday back. Easy to frame your reply "ruined holiday, would like to go back to NY etc, £1.5k please".

FWIW i'm not a fan of the compo culture but nor would I turn down someone offering me some cash.

That sounds fair to me.

[Ray Luxury-Yacht]

Simple solution, well what I would do anyway - is request a figure is paid to your favourite charity.

[jumpingjackdan]

Get it quick, the dollar is falling in value

[Burnham]

Did it ruin the entire holiday, or just that day?

I'd work out the overall cost of the break and suggest a figure based on the 'cost' of a day, or days remaining if it had that much effect on her welbeing for the remainder of it.

[sumo69]

I would have thought a few hundred £, but as its America they would probably give you $10k if you asked - how about giving the Mrs £500 to go shopping and donate everything else you get to charity?

David

[Condi]

Did it cost you anything? Did you have to change any plans because of it?

If so then claim for those, if not then why take it?


Its funny how people can be against the claims culture until they are the recipient...

[strummerville]

Asking for advice on claiming compensation rarely goes well on here. So far, only two pages. We'll be up to a least 5 by the end of play today!

[Oakey]

GrahamPM said:

OK - advise please!
My wife, with 3 of her friends did a girly break to New York at the end of November for a few days, arriving on Thanks Giving day the 28th. First day shopping, she's in a high street clothes store looking at the merchandise, and goes to lift a garment off the rail. A '40% Off' sale sign housed in a steel frame about 6" square with support bracket, not correctly attached to the shelving unit, fell off and swung forward (part attached with steel rod) and smacked her in her face. She fell to the floor in both shock and pain.
The young sales assistant looked on in disbelief and didn't know what to do! My wife's friends rallied around and after a few minutes the store manager arrived. My wife was distressed, upset and shaken, and after another ten minutes or so, the store first aider arrived with an ice pack and glass of water (after a request from the ladies).
The incident was registered to the store accident book and my wife's details recorded plus the hotel info where she was staying.
The next day my wife had a bruised and swollen black eye which caused a great talking point to say the least! Americans aren't subtle when it comes to pointing out injury!
Once back in the uk I contacted the stores head office and after a couple if days we were contacted by their legal department who had all the info on record etc. So now 4 weeks later, there is still yellowing around her cheek bone and the slightest of swelling, but appears to be healing slowly.
We have sent weekly updates and pictures to their legal guy, and they appear to be concerned about her well bring etc, and have told us that they will now pay us compensation!
They have asked us to put a value / what our expectations are!
I'm not going / don't want to involve a third party claims company, so what would be considered a reasonable sum considering the distress and injury???
Thoughts please?
Graham.

I know exactly how your wife feels. Two days ago I blacked out in my GP's waiting room and cracked my head off a chair. I regained consciousness clutching my skull, feeling like I'd been hit by a car, unable to see out of one eye and surrounded by a pool of my own blood and a Doctor up in my grill saying "Don't be alarmed, but you've lost a lot of blood". As I sat in a wheelchair waiting for the ambulance to arrive watching the Doctor becoming concerned that my blood pressure was dropping stupendously low I too wondered how much compensation I should ask for due to the stupid placement of their chair assuming I didn't die from a swollen brain of course.

Knowing exactly how your wife feels, I suggest she asks for no less than a million dollars. That and some perspective.

[bugmenot]

Oakey said:

I know exactly how your wife feels. Two days ago I blacked out in my GP's waiting room and cracked my head off a chair. I regained consciousness clutching my skull, feeling like I'd been hit by a car, unable to see out of one eye and surrounded by a pool of my own blood and a Doctor up in my grill saying "Don't be alarmed, but you've lost a lot of blood". As I sat in a wheelchair waiting for the ambulance to arrive watching the Doctor becoming concerned that my blood pressure was dropping stupendously low I too wondered how much compensation I should ask for due to the stupid placement of their chair assuming I didn't die from a swollen brain of course.

Knowing exactly how your wife feels, I suggest she asks for no less than a million dollars. That and some perspective.

Crappy comparison.
The OPs wife's situation is down to actual negligence from somebody (the company or somebody working on behalf of them).

[paulw123]

if it spoiled the remainder of you holiday as I imagine it would then claim for the cost of those days.
Compensation is to ensure you don't suffer loss and cover costs, not to make a quick buck. Something that seems to have totally eluded most people these days.