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What is a reasonable settlement for an accident in which my child broke her arm due to a brake system malfunction?

Question Details:The bike had been ridden less than 16 times. The initial offer, in my opinion, is to low. What is a reasonable counter offer considering that my daughter sustained a broken arm, loss of use, and scarring?

Asked 2 years ago under Personal Injury | 805 Views | More Legal Topics

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MTD, Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Reasonable offers are not easy to give in terms of strict amounts because it depends on the severity of the injury, any lasting impacts, if the injured is on medication, suffered any lasting or current pain, if this was a motorized bike or bicycle, etc.  Her recovery will be less if she drove a motorized bike she was not supposed to drive legally. Further, if she drove it negligently (if she was of age), her liability will be reduced.

If you consider the initial offer too low, try a number that is twice the amount you wish to collect.  Or you can consult with or hire an attorney to represent your daughter's interests.  If you are suing the manufacturer or installer or both, an attorney is the best route you can take to ensure you are get maximum mileage out of your case, especially if each defendant/respondent is pointing to the other as being the responsible party.

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