One of the most important jobs of a personal injury lawyer is to review the facts of a case and determine whether the victim is entitled to compensation for his or her injuries. I know I wouldn’t want to disappoint a client with false expectations. Surprisingly  this can be more difficult than it seems. See, often times injuries do occur from rather unexpected circumstances. Alternately, there are people out there that exaggerate or downright fabricate injuries for financial gain.

The Facts

Take, for example, a recent case where a shopper at Finish Line suffered injuries to her foot. How? A credit card terminal fell off of the counter and landed on her foot.  The woman is seeking damages that “will allow her to never have to shop at a Finish Line again.”

If you are anything like me, you have to be wondering how this happened. About this time last year, a woman was paying for her purchases at a local Finish Line store.  While swiping her card, the shopper inadvertently pulled the credit terminal from its spot on the counter and – you guessed it – it landed square on her foot .

The Argument

The shopper regards the nature of the Finish Line’s credit card machine as dangerous and defective.  She argues that the company knew that having the machine in such a location would subject customers to risk of such an injury occurring.

This is not to imply that the woman wasn’t injured. Indeed, it seems that she was as she underwent rehabilitation as a result of this accident – it’s likely that some damage was done.

Considering that the card reader fell from the counter after she swiped her card, she could have caused the machine to come forward and fall off the counter.  If she directly impacted the machine, she could have trouble collecting in court.

The Numbers

Let’s get down to the meat of the claim – the numbers. The husband of the shopper is seeking $50,000 in damages for loss of consortium – deprivation of the benefits of a family relationship.  In addition, the wife seeks another $50,000 in damages, plus interest and costs.   It is likely that this couple is hoping for a settlement, as some time has passed and the damages requested are within means of a large corporation.

Now that I have given you the facts of this case, I will let you form your own opinion. (Can you believe it, a lawyer who kept his opinion to himself?) I hope that this case illustrated my point – that it is important to speak with an experienced attorney regarding your accident or injury.