iona Posted April 20, 2011 Share Posted April 20, 2011 :grouphug::grouphug: Quote Link to comment Share on other sites More sharing options...
aliya Posted April 20, 2011 Share Posted April 20, 2011 I'm no lawyer, but make sure you get back to the park and photograph the slide in detail and the teeth marks before they have a chance to repair/remove it. When I was in jr. high, I had my two front teeth knocked hard enough to have one askew and one sticking straight forward. I've been through a lot with those teeth over many years. Look down the road when you pursue getting compensation. If the one tooth is salvageable, you're probably looking at a root canal, (repeated) bleaching over time as it darkens, and eventually a crown, as a dead tooth will become very brittle and need protection. My "accident" was at school so the school insurance covered our immediate fees, but it still cost me $ out of pocket as the years went on. Quote Link to comment Share on other sites More sharing options...
MamaT Posted April 20, 2011 Share Posted April 20, 2011 No advice, but :grouphug: How awful. I am so, so sorry. Praying for your son (and you). Quote Link to comment Share on other sites More sharing options...
BamaTanya Posted April 20, 2011 Share Posted April 20, 2011 :grouphug: Bless you both! I pray for his recovery and for wisdom for you! Quote Link to comment Share on other sites More sharing options...
Imprimis Posted April 20, 2011 Share Posted April 20, 2011 Oh no! So sorry to hear this. Wishing him a speedy recovery. Quote Link to comment Share on other sites More sharing options...
Alessandra Posted April 20, 2011 Share Posted April 20, 2011 Oh, I am so sorry -- I can't even begin to imagine the pain and distress. The legal advice pp gave was good. Get pix before the slide is removed/changed. Get witnesses, and wait for your attorney to contact the parks dept. If you know an "expert" -- such as an engineer (architects can often refer you) -- have him/her look at/photograph the slide too. Try to note the manufacturer and model of the slide, if you can -- this info is often somewhere on the slide. this type of slide may have been the cause of other accidents. As other posters noted, keep meticulous records. The other attorneys could try to say that your son was tired, hyped up on sugar, horsing around excessively, etc. Oh, by the way, I have been told that is is best to keep records in a bound (not looseleaf) book and to hand write everything in ink. For changes, cross out, initial and date, rather than erase. Computer-based material and/or other papers can be pasted into the book with a brief description and dated. The idea is to keep a record that would be difficult to alter. Quote Link to comment Share on other sites More sharing options...
Aubrey Posted April 20, 2011 Share Posted April 20, 2011 Oh, Simka. Oh my. That poor kid! Poor mama! :grouphug: Quote Link to comment Share on other sites More sharing options...
Laura in CA Posted April 20, 2011 Share Posted April 20, 2011 You definitely want photos taken TODAY- turn on the date feature so it shows right on the photos when they were taken. If the parks department fixes the slide right away or even removes it, you want proof of its condition for your insurance. So sorry about your ds. I guess this is my scientist side coming out, or maybe I've seen too many crime shows (mostly British mysteries), but can't the date feature on cameras be set to any date you want? So someone could claim later that you had taken them months before the accident ?? ... As someone recommended, maybe take a fairly impartial witness with you when you do the photographing? Or take today's newspaper and have the front page in the frame in the close-up photographs? (Yes, I have watched too many crime shows ...) SO sorry to hear about this horrific incident. Quote Link to comment Share on other sites More sharing options...
LidiyaDawn Posted April 20, 2011 Share Posted April 20, 2011 Ouch! Poor kiddo! :grouphug: Someday this will be one of those stories that gets told with a grin and a "hey do you remember when" ;) ~ but right now it's not fun. Quote Link to comment Share on other sites More sharing options...
Sugarfoot Posted April 20, 2011 Share Posted April 20, 2011 Oh, I don't even know what to say. My stomach hurt just reading your story. Your poor son! I'll pray for all of you, and I hope he feels better soon. I can't even imagine what he must be going through. And as a mom, I'm sure it's almost just as bad for you.:grouphug: Quote Link to comment Share on other sites More sharing options...
clearycrew Posted April 20, 2011 Share Posted April 20, 2011 Your poor son! I cringed just reading that. I will be praying for him! Quote Link to comment Share on other sites More sharing options...
rafiki Posted April 20, 2011 Share Posted April 20, 2011 . Quote Link to comment Share on other sites More sharing options...
AuntieM Posted April 20, 2011 Share Posted April 20, 2011 Oh Simka, how awful! I can't imagine what your poor guy is feeling, but I know you all hurt for him...:grouphug: I haven't read all replies, and someone surely has said this already, but just in case, be sure you take as many photos as you can. Quote Link to comment Share on other sites More sharing options...
Cera Posted April 20, 2011 Share Posted April 20, 2011 You may want to look into your homeowners insurance liability coverage. I know ours covers injuries incurred outside the home (it's a provision to allow you to have coverage without a need to sue). It sounds like a horrible accident but it also sounds like it could be very hard to prove that the owner of the playground is liable (especially if it is a public park). I think generally you have to prove that the playground equipment was defective or improperly installed/maintained and there was a reasonable expectation that allowing children to use it in the condition it is in would cause the injury your child suffered. You might have better luck through your insurance company. I hope your soon heals quickly and adjust to the changes in his smile. We have dealt with tooth injuries, I know how hard it can be. Quote Link to comment Share on other sites More sharing options...
clarkacademy Posted April 20, 2011 Share Posted April 20, 2011 Get pics of that slide ASAP before they fix it Quote Link to comment Share on other sites More sharing options...
AngelBee Posted April 20, 2011 Share Posted April 20, 2011 Praying for you. How painful. :( Quote Link to comment Share on other sites More sharing options...
Once Posted April 20, 2011 Share Posted April 20, 2011 I have not read through the thread....I am so sorry your son is so badly hurt. I hope he can start healing and you can get compensated for the expenses associated with the injury. It sounded like the slide was not maintained properly. Praying for his recovery! Quote Link to comment Share on other sites More sharing options...
Hedgehog Posted April 20, 2011 Share Posted April 20, 2011 Praying for you all, and especially your son. How awful. :grouphug: Quote Link to comment Share on other sites More sharing options...
simka2 Posted April 20, 2011 Author Share Posted April 20, 2011 Thank you, everyone!!!! I took photo's on my phone within mintues after it happened. Dh met us at the first emergency room, then went back to the park and took photo's of the slide, teeth marks, and any posted signs. I have two witnesses willing to write up statements about him using the equipment in a "normal" way. We have pictures of his injuries, xrays, and now the dental dept has started taking professional photos for documentation purposes. I've got my file started. I'm looking for a personal injury lawyer in the Houston area, but we are new so it is a bit difficult. I am not normally a sue happy person. When my other son was kicked by horse (not my horse or property) in the jaw, resulting in 2 surgeries, I covered the costs. I was supposed to be watching him and he escaped my sight. In this case I WAS watching!!! He's looking at years of pretty serious dental issues :glare:. They have fixed the mouth splint, sewn up the hole where his other tooth was. They had to reposition the tooth again and it is still not right, but it is as good as it gets. Thanks again! I appreciate all the advice and :grouphug: and prayers! Quote Link to comment Share on other sites More sharing options...
tex-mex Posted April 20, 2011 Share Posted April 20, 2011 Prayers. How awful. Poor kiddo. :iagree::grouphug::grouphug: Quote Link to comment Share on other sites More sharing options...
Jen500 Posted April 20, 2011 Share Posted April 20, 2011 :grouphug: Quote Link to comment Share on other sites More sharing options...
Alicia64 Posted April 20, 2011 Share Posted April 20, 2011 Please try to find time (I know: ha) to read How to Defend Yourself Against Your Lawyer by Amelia E. Pohl. I also HIGHLY recommend Winning Every Time by Lis Wiehl (not a lawyer book per se, but Lis is a lawyer and has awesome strategy). We're in our 40's and hiring an attorney for the first time. If you've never gone this route before, reading up on this profession is a smart idea. Assuming that you're completely in the right (even though you actually are) is not enough, you need to have the right lawyer and not get "taken." I also recommend interviewing by phone at least 4 or 5 before you pick the one that you like the most. And I would let your gut have a vote. I liked one attorney, but every time I dealt w/ her my heart would race and I'd start having anxiety. I decided not to use her and a wonderful attorney appeared. (Through a good friend's referral's referral.) Definitely only consider referrals -- not just anybody who tells you that you have a million dollar case. Don't fall for that. Good luck, Alley Quote Link to comment Share on other sites More sharing options...
AmyP Posted April 20, 2011 Share Posted April 20, 2011 Poor kid! I'm so sorry! :grouphug: Quote Link to comment Share on other sites More sharing options...
elfgivas Posted April 20, 2011 Share Posted April 20, 2011 take down your description from here. :iagree: this. now. if you have a friend who can go take pictures of the slide now and also ask around if anyone was there, that would be great. you need to be with your son. and then work on the lawyer angle. :grouphug: ann Quote Link to comment Share on other sites More sharing options...
NoPlaceLikeHome Posted April 20, 2011 Share Posted April 20, 2011 :grouphug: Quote Link to comment Share on other sites More sharing options...
milovany Posted April 20, 2011 Share Posted April 20, 2011 I am not normally a sue happy person. Hopefully you won't have to sue! Hopefully when you contact them, they'll work with you. :grouphug::grouphug::grouphug: Quote Link to comment Share on other sites More sharing options...
Joanne Posted April 20, 2011 Share Posted April 20, 2011 :grouphug::grouphug: Quote Link to comment Share on other sites More sharing options...
ChristusG Posted April 20, 2011 Share Posted April 20, 2011 Oh wow, your poor son!!! And poor you....I would have been freaking out! I'm glad that you quickly got all your ducks in a row! Quote Link to comment Share on other sites More sharing options...
CalicoKat Posted April 20, 2011 Share Posted April 20, 2011 :grouphug: praying for you all. :grouphug: Quote Link to comment Share on other sites More sharing options...
Brindee Posted April 20, 2011 Share Posted April 20, 2011 I am sooo sorry for your son! It must be scary and very sad for him! I will be praying for him, for you and your husband, and for things to work out for the best! :grouphug: :grouphug: :grouphug: Quote Link to comment Share on other sites More sharing options...
simka2 Posted April 20, 2011 Author Share Posted April 20, 2011 I am feeling stressed. The first attorney I have made contact with won't touch it, because it happened on County property. There are Tort laws that make this difficult:ohmy:. I am very worried for my son, and our finances. Quote Link to comment Share on other sites More sharing options...
Jennifer in MI Posted April 20, 2011 Share Posted April 20, 2011 I am feeling stressed. The first attorney I have made contact with won't touch it, because it happened on County property. There are Tort laws that make this difficult:ohmy:. I am very worried for my son, and our finances. :grouphug::grouphug: Keep trying. Someone will take it. (okay - I know nothing about tort laws that could make this difficult. Why is that?) Quote Link to comment Share on other sites More sharing options...
MrsBasil Posted April 20, 2011 Share Posted April 20, 2011 :grouphug: Quote Link to comment Share on other sites More sharing options...
cindergretta Posted April 20, 2011 Share Posted April 20, 2011 Good heavens!! I am really sorry for your ds. :( Lots of love and hugs and prayers!! I hope someone will work with you to remediate this situation, and that you might not end up having to sue. :grouphug Quote Link to comment Share on other sites More sharing options...
Starr Posted April 20, 2011 Share Posted April 20, 2011 :grouphug: Praying for your son and all the financial issues, praying directly for the right legal advice. :grouphug: Quote Link to comment Share on other sites More sharing options...
elizabeth Posted April 20, 2011 Share Posted April 20, 2011 I am feeling stressed. The first attorney I have made contact with won't touch it, because it happened on County property. There are Tort laws that make this difficult:ohmy:. I am very worried for my son, and our finances. Yep .:auto: That good ol tort reform limits the amount of liability for accidental injury such as the one your son suffered. Call your state bar for referrals and know that no personal injury attorney should charge for an initial meeting to decide whether or not they can take the case. Keep calling and do not be discouraged as I am an attorney , married to an attorney, SIL to one of the national movers and shakers in the area of Workers Compensation and had ten attorneys turn me down as local counsel on a tort claim that I knew had value. We settled for the high six figures. The lazy ones just did not want to have to actually research in order to earn their fee. Frankly the damages are not that high and that in turn cuts the value of the case making it hard to find legal representation. It is just so **** hard to prove that the issue is the upkeep or maintenance on the equipment as opposed to a product design or manufacturing defect. That and the fact that your son is not permanently disfigured. Without those types of damages it can be challenging to find an attorney but there are young ones with huge loans and they will work like fiends for you. They do eat what they kill so to speak. Quote Link to comment Share on other sites More sharing options...
Starr Posted April 20, 2011 Share Posted April 20, 2011 I would look for a well recommended attorney that could refer me to the proper counsel. Quote Link to comment Share on other sites More sharing options...
kalanamak Posted April 21, 2011 Share Posted April 21, 2011 No advice, only posting to say I am so sorry this happened. :iagree: It must have been terrifying. Mouths bleed like stink. Quote Link to comment Share on other sites More sharing options...
jenL Posted April 21, 2011 Share Posted April 21, 2011 I am so sorry! Praying for you and that this will all work itself out financially in your favor. :grouphug: Quote Link to comment Share on other sites More sharing options...
blessed2fosteradopt Posted April 21, 2011 Share Posted April 21, 2011 Poor baby! I am so sorry. I will be praying for legal and physical resolution for your family. Quote Link to comment Share on other sites More sharing options...
gracesteacher Posted April 21, 2011 Share Posted April 21, 2011 I fell off a slide that I was going down correctly in the early 80s I broke my arm in four places. The park rangers were there. The city paid for nothing. not the ambulance ride the ortho nothing. They did however change out the equipment (although they said it was routine) Good luck Quote Link to comment Share on other sites More sharing options...
PiCO Posted April 21, 2011 Share Posted April 21, 2011 I am feeling stressed. The first attorney I have made contact with won't touch it, because it happened on County property. There are Tort laws that make this difficult:ohmy:. I am very worried for my son, and our finances. I was worried about this when I first read your post. I know it's next to impossible in Colorado to sue any government entity. However, the park district should have accident insurance in addition to liability insurance that will cover your bills. You still need an attorney though, because you don't want to sign anything saying everything is paid up, as he will probably need work after he is 18. FYI- I believe your son's statute of limitations does not start until he turns 18. And you cannot legally sign away his right to sue. So if things don't go well for you, he can take the case again when he's 18. I wish your son fast healing. :grouphug: Quote Link to comment Share on other sites More sharing options...
KnitWit Posted April 21, 2011 Share Posted April 21, 2011 :grouphug: Oh Simka! I just saw this. I will pray. Quote Link to comment Share on other sites More sharing options...
milovany Posted April 21, 2011 Share Posted April 21, 2011 nm. Quote Link to comment Share on other sites More sharing options...
astrid Posted April 21, 2011 Share Posted April 21, 2011 Ditto that! Poor guy! Sending peace and hugs! astrid Quote Link to comment Share on other sites More sharing options...
simka2 Posted April 21, 2011 Author Share Posted April 21, 2011 I was worried about this when I first read your post. I know it's next to impossible in Colorado to sue any government entity. However, the park district should have accident insurance in addition to liability insurance that will cover your bills. You still need an attorney though, because you don't want to sign anything saying everything is paid up, as he will probably need work after he is 18. FYI- I believe your son's statute of limitations does not start until he turns 18. And you cannot legally sign away his right to sue. So if things don't go well for you, he can take the case again when he's 18. I wish your son fast healing. :grouphug: Thank you! That helps me a bit with perspective and priorities. I appreciate it :001_smile:. Quote Link to comment Share on other sites More sharing options...
Mommyof4ks Posted April 21, 2011 Share Posted April 21, 2011 Poor kiddo. Prayers for quick healing. Quote Link to comment Share on other sites More sharing options...
lisamarie Posted April 21, 2011 Share Posted April 21, 2011 DH says that you would need a lawyer because the liability insurance of the county would not cover it unless there is a suit. (DH works for an insurance company) I thought so, I am a trustee for my village so this has come up before (slip and falls on the ice or as the result of heaved sidewalks), but I wanted to check with him before saying that. You pretty much have to prove the county was negligent, that your DS was using the equipment correctly. And then DH said that they would most likely settle vs let it go to trial because it would cost too much. Quote Link to comment Share on other sites More sharing options...
annlaura Posted April 21, 2011 Share Posted April 21, 2011 So sorry! How awful! Praying for you all. :grouphug: Quote Link to comment Share on other sites More sharing options...
Lizzie in Ma Posted April 21, 2011 Share Posted April 21, 2011 How absolutely awful, your poor little one. Praying that you get the help you need. :grouphug: Quote Link to comment Share on other sites More sharing options...
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