Small Scar from a Play Area Injury

My question involves an injury that occurred in the state of: California

My son suffered a nickle size scar on his back from a Burger King play place incident, from a screw protruding from the playplace. I took him to his primary and the primary recommend a dermatologist. Medical bills equal $315. There is a permanent scar on my son's back/shoulder area. Aside from the medical bills, the claim's adjuster has asked how much I am looking for. What should I tell him? I am no expert, but I think it sucks that my son got hurt and sustained a permanent scar on his upper back/shoulder area. I understand that certain injuries are only worth so much and also in relation to the bill's amount. I am not greedy and I know this is not serious injury left. What is a scar worth?

You should tell him how much you're looking for.

You've given us virtually no information about the scar or its visibility, so it's impossible for us to guess as to what an adjuster might offer. If it's serious and visible, even at that size, consult a cosmetic surgeon about the cost of revision and built that into your suggestion.

$315 unless you are trying to profit off BK. I have scars all over from being a kid. It never once occurred to me I should sue someone for playing.

did you lose time at work dealing with this? that would also be reasonable to be compensated for.

I have so many scars of that type or nature .. too many to count. Who cares? Your scar is worth about fifty bucks IMO...


Not the end of the world.

The answers haven't changed from the last time you asked this question.

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Quoting WonderingPondering

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My question involves an injury that occurred in the state of: California

My son suffered a nickle size scar on his back from a Burger King play place incident, from a screw protruding from the playplace. I took him to his primary and the primary recommend a dermatologist. Medical bills equal $315. There is a permanent scar on my son's back/shoulder area. Aside from the medical bills, the claim's adjuster has asked how much I am looking for. What should I tell him? I am no expert, but I think it sucks that my son got hurt and sustained a permanent scar on his upper back/shoulder area. I understand that certain injuries are only worth so much and also in relation to the bill's amount. I am not greedy and I know this is not serious injury left. What is a scar worth?

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Kids are scar factories, and yes you are greedy.

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Quoting WonderingPondering

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What is a scar worth?

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On the back, where nobody will ever see it?

Zero.

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Quoting adjusterjack

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On the back, where nobody will ever see it?

Zero.

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And when he is grown up might be covered by hair:p

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And when he is grown up might be covered by hair

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...or fade away entirely. Most of the injuries I sustained working in the restaurant biz in college have faded almost to invisibility, and ALL of the scars I obtained as a child are gone, even the one from my brain surgery. The human body has a remarkable capacity to heal.

And then there are cheloids, but then we're back to discussion of revision surgery.

I haven't thought about the time off work issue or the cosmetic surgery issue. Although, I think that is funny, because these are all reasons to hike up the amount of the claim, but again, I am not greedy about this and I will not go down that route with regards to cosmetic surgery and looking for other bill hikers. Its more of the principal of the matter. Burger King had a problem with their playground that was not maintained and an injury was sustained to my son, as a result; that left a scar. Yes, it does suck and yes I think their should be compensation. Medical bills equal $315...suffering equals 2 weeks max. Scar is permanent. Claim's adjuster has just requested a current picture of my son's back, to evaluate claim and issue payment, but has also asked me what amount I am looking for. After about 6 months, scar is still noticeable and remains just the same as when he obtained it. I have no problem taking picture. As far as a dollar amount to ask for...what should I say? What is a scar like this worth?

I would just as soon say forget the money and have the scar gone. No amount of money is worth scars on your child, as far as I am concerned. How is the amount of $945 or should I request higher? I understand that there is a brief dealing of bargaining that goes on. Should I ask higher and settle for lower? This is all new to me and I do not know how to proceed.

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Quoting WonderingPondering

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I haven't thought about the time off work issue or the cosmetic surgery issue. Although, I think that is funny, because these are all reasons to hike up the amount of the claim, but again, I am not greedy about this and I will not go down that route with regards to cosmetic surgery and looking for other bill hikers. Its more of the principal of the matter. Burger King had a problem with their playground that was not maintained and an injury was sustained to my son, as a result; that left a scar. Yes, it does suck and yes I think their should be compensation. Medical bills equal $315...suffering equals 2 weeks max. Scar is permanent. Claim's adjuster has just requested a current picture of my son's back, to evaluate claim and issue payment, but has also asked me what amount I am looking for. After about 6 months, scar is still noticeable and remains just the same as when he obtained it. I have no problem taking picture. As far as a dollar amount to ask for...what should I say? What is a scar like this worth?

I would just as soon say forget the money and have the scar gone. No amount of money is worth scars on your child, as far as I am concerned. How is the amount of $945 or should I request higher? I understand that there is a brief dealing of bargaining that goes on. Should I ask higher and settle for lower? This is all new to me and I do not know how to proceed.

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If I were you lady, I'd ask for $10,000,000 bucks. Heck just go for broke. Send Burder King your demand letter and go from there.:rolleyes:

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Quoting WonderingPondering

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I would just as soon say forget the money and have the scar gone.

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Well, that's not going to happen.

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Quoting WonderingPondering

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No amount of money is worth scars on your child, as far as I am concerned.

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You're right. A small scar on your child's back is worth no amount of money.

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Quoting WonderingPondering

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How is the amount of $945 or should I request higher?

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You can "request" as much as you want but my guess is that the claim rep will offer $500 or $600 in go-away money. So $945 is a good number to ask for.

I'm not even sure that Burger King is responsible for your child's injury. There's a lot of factors involved in negligence law. The thing that the screw was sticking out of, what was it? Who manufactured it? Who installed it? Why did the screw protrude? Bad design? Use over time? Had it been previously reported to Burger King? Did Burger King have a duty to minutely inspect every inch of the play area? How often? How old is your child? What was your child doing at the time of the injury? With whom was he doing it? Where were you? Don't you keep an eye on your young child to make sure he/she isn't put in harm's way?

If you took Burger King to court all those questions would have to be addressed and the burden to prove negligence would be on you.

So let's be realistic about your position here. You don't really have any leverage unless you want to hire a personal injury attorney and go "all in." And, even then, there's no guarantee that you'll win at all.