Legal advice for an injury?

[Catwoman]

I didn't see her use the word 'negligence' at all.

 

You're absolutely right -- I saw it in other posts and mistakenly thought the OP had said it. I just modified my post. Thanks for catching that! :)

[*Michelle*]

The bolded is not true. I have, unfortunately, been in the middle of three (yes, three...unbelievable) chain reaction car crashes. The insurance of the person responsible for the accident paid for the damages of ALL the cars involved. All three times. The police never even gave me the insurance information for the car that struck me, nor did they give my insurance information to the car I struck. Whoever was at fault pays the bills.

 

I have to disagree. My husband was the middle driver in an accident. The car in front of him stopped short, he came to a stop, the car behind him slammed his car into the front car.

 

He received a ticket. He also was named in the lawsuit filed by the first driver a year later. Fortunately, our insurance handled everything and the payout was minimal. We didn't get any information on how much the guy behind him had to pay, but I'm sure it was more.

[Catwoman]

Mergath, this doesn't seem like you. Your posts are mostly reasonable and compassionate. This post is neither.

 

Well, I'm not Mergath, but my impression of her post was simply that she thought the OP was over-reacting to the situation. I don't think she meant it on a larger scale than that at all.

[DianeW88]

In our state, it most certainly is true. However, the main point is that there are protocols for accidents. It definitely is protocol, when you are injured somewhere outside your home, that the insurance of the league, etc. could contribute to your medical care.

 

In our baseball league, a kid got badly injured from walking between a dad and his kid throwing a baseball back and forth--not even especially hard--it was an elementary school league. The kid didn't see he was walking between them and got hit just in the wrong spot in the face. It knocked out some teeth and some orthodontics work. The parents had some insurance, the dad who threw the ball offered to pay, but the league's insurance took care of cost of the accident. It was the chain of responsibility and the appropriate thing to do.

 

 

I have to disagree. My husband was the middle driver in an accident. The car in front of him stopped short, he came to a stop, the car behind him slammed his car into the front car.

 

He received a ticket. He also was named in the lawsuit filed by the first driver a year later. Fortunately, our insurance handled everything and the payout was minimal. We didn't get any information on how much the guy behind him had to pay, but I'm sure it was more.

 

Then I am SO glad I don't live in your states, because that is beyond ridiculous. In Utah, Colorado and Delaware (where my accidents occurred) that was not the way it was handled.

[Mergath]

Mergath, this doesn't seem like you. Your posts are mostly reasonable and compassionate. This post is neither.

 

It's irrational because major injuries can happen from what seem like minor events; it's all a matter of if you hit in just the wrong way. Even if you're a medical professional, you haven't examined her so you don't know whether it's "just a bruise" or if she hurts because there's a fracture, or some other injury. And back injuries can be real bears that last a lifetime. Many examples have been described in this thread already of people getting major injuries from what seem like minor occurrences.

 

It's also very unkind. I don't believe that you actually meant what you said, that people who could hurt themselves badly from falling from a chair should just "stay home." Home is dangerous, too, for people like that. Many elderly people die from falls that wouldn't be "that bad" for most people. I myself, as a result of cancer treatment, have significant neuropathy in both feet. That makes me a fall risk in and of itself, because I can't feel the surface area I'm walking on with my feet. Additionally, the drug I am now taking is sucking calcium from my bones, contributing to my risk of a fracture if I do fall. It may not be many years for me before I am in just such a situation. I don't really believe your advice to me would be a mocking," You should stay home."

 

Though the OP didn't mention any pre-existing conditions, things are quirky and depend on just how you hit so she could actually be injured. Neither she nor any of us know that yet. But in judging and mocking her, you mocked a lot of people.

 

I think a few people here are overreacting. Like some of the pps said, she fell on her butt. Butt in question hurts. Within hours, she's online asking for legal advice and predicting numerous doctors visits. It seemed... odd. I wasn't the only one who found it annoying.

 

And really, I don't see how you could hurt yourself to that degree falling off a folding chair. They're a foot off the ground. You could fling yourself face-first from a folding chair and still not get hurt. Perhaps it makes me a cold, heartless person, but I just can't imagine any way for a person to fall off a folding chair and require physical therapy and doctors visits and expensive imaging tests. I'm not mocking every person who has ever been hurt doing something like that, but I do believe the op is vastly overreacting by talking about getting legal advice within hours of the incident.

 

Also, when I say, "Boy, if you can do all that from sitting down, maybe you should stay home," I'm joking. I don't actually believe people should stay home. I assumed that would come through, but certain topics seem to get people really worked up.

[Lisa R.]

Laurie, again, I think people just got irritated with the OP's tone. Just a few hours after getting injured, she was predicting endless doctor and chiropractor visits which she stated she didn't want to pay a small $25 co-pay for. She was heaping blame all over her child's sports association (which may well have been a well-intended group of volunteers). Lots of self-pity and blame. Ick.

 

I'm usually pretty sympathetic, but I found myself rolling my eyes at the OP.

 

It is frustrating to me when people exaggerate what an OP is saying and then take that exaggeration and criticize.

 

The OP admitted she worded her post poorly. Once the OP says this, why not respond accordingly?

 

Addituonaly, I think it's important to acknowledge that when people have little extra money, telling people to just "go ahead and pay the money involved," is over-simplistic. Yes, I think the OP would probably prefer to do this, but having even a couple doctor visits could blow a tight budget.

 

Also, when someone says they are in pain, who are we to dismiss them and decide they don't hurt that much?

 

Her question is: an accident happened on someone else's property, and I got hurt. What should I do now?

[Danestress]

I have been watching this thread and, despite my sympathy for your experience, been vaguely amused all day. One of the most famous court cases in tort law, a case every US law student studies in depth, is a case involving someone pulling a chair out from under a person attempting to sit. For the record, the plaintiff broke her hip.

 

So yes, people, you CAN sustain injuries in a situation like this. And not everyone is healthy and young. If a chair collapses under a frail old lady with osteoporosis, that is a problem for the propery owner. You don't get to say she should have stayed home.

 

OP, I hope if you are in serious pain and are worried about long term problems, you have been to the doctor already.

[speedmom4]

 

 

It is frustrating to me when people exaggerate what an OP is saying and then take that exaggeration and criticize.

 

The OP admitted she worded her post poorly. Once the OP says this, why not respond accordingly?

 

Addituonaly, I think it's important to acknowledge that when people have little extra money, telling people to just "go ahead and pay the money involved," is over-simplistic. Yes, I think the OP would probably prefer to do this, but having even a couple doctor visits could blow a tight budget.

 

Also, when someone says they are in pain, who are we to dismiss them and decide they don't hurt that much?

 

Her question is: an accident happened on someone else's property, and I got hurt. What should I do now?

 

If the OP is hurt or not is not the point to me. If she truly is that hurt then it was a freak accident.

 

If someone doesn't have the money for a doctor co-pay doesn't mean you look for someone else to pay for it. I found one of the OP's posts concerning. She mentioned how much money she might have to pay. That is not a reason to seek compensation.

 

The attitude that someone else should pay your bills because of an innocent accident is what is bothering me.

 

Elise in NC

[VeteranMom]

It is frustrating to me when people exaggerate what an OP is saying and then take that exaggeration and criticize.

 

The OP admitted she worded her post poorly. Once the OP says this, why not respond accordingly?

 

Addituonaly, I think it's important to acknowledge that when people have little extra money, telling people to just "go ahead and pay the money involved," is over-simplistic. Yes, I think the OP would probably prefer to do this, but having even a couple doctor visits could blow a tight budget.

 

Also, when someone says they are in pain, who are we to dismiss them and decide they don't hurt that much?

 

Her question is: an accident happened on someone else's property, and I got hurt. What should I do now?

Thanks for this post.

Suddenly, I'm suing a bunch of innocent volunteers! :laugh: It's a "for profit" business and I'm not suing. Amazing how things get more and more twisted with each response. People don't have all the details, so they'll just make them up as they go along to turn me into someone full of "self-pity and blame". My husband's pay is likely going to be cut 20% with the work furloughs. I don't have money to pay the co-pays. It's not in the budget. When I came home, hurting, it caused me worry. Basketball will be cut, too, for those of you that will wonder how in the world I will afford basketball for my kids if I can't afford to see the Dr. I've received chiropractice care in the past (many years ago after a car accident) and it's never one or two visits- it's 10 or 20. Any injury or illness to me or any of my family members is going to cause me worry at this point in time.

[Lisa R.]

 

 

If the OP is hurt or not is not the point to me. If she truly is that hurt then it was a freak accident.

 

If someone doesn't have the money for a doctor co-pay doesn't mean you look for someone else to pay for it. I found one of the OP's posts concerning. She mentioned how much money she might have to pay. That is not a reason to seek compensation.

 

The attitude that someone else should pay your bills because of an innocent accident is what is bothering me.

 

Elise in NC

 

I agree that we should not try to find ways to have others pay our bllls when we can't afford them. That is clearly unethical. I do bring up the point of not having extra money to pay doctor co-pays just to say that it is a flippant thing to assume everyone has the extra money for this.

 

Let's rephrase the question again: if an preventable accident happened on someone's property, whose insurance pays?

 

If you want to pay for all accidents, whether they are your fault or not, is not the issue.

 

[Guest submarines]

I can see someone being hurt from a fall on ice. That makes total sense that someone could have pain for years after that. But a chair? Unless the fall was onto a concrete floor I can't even imagine how it would even bruise the skin. It felt like the OP had already determined that this "fall" merited a lot of medical intervention (doctor visits, chiropractor appointments). It just doesn't make sense. The title also sent up red flags.

 

Elise in NC

 

I think the OP is just worried and is imagining the worst case scenario. This kind of a reaction makes a total sense to me. I have a bad back and I'd be besides myself with worry if I fell like she did.

 

If an addition to being worried about an injury that can potentially impact my mobility I was also worried about my inability to pay, well, I'd be worried sick!

[LMA]

Medical care has to be done quickly after an accident in order for any claims to be made for an injury. Most claims against people are insurance claims, not lawsuits. Businesses/organizations need to have adequate insurance for medical claims. Yes, if you get injured on someone else's property, the insurance of the property may be responsible. And a lot of times, insurance companies decide this between themselves. What usually happens is if you use your insurance for doctor's visits, the insurance company will go after the insurance company of the property owners or the organization. That's why they send questionnaires asking if you were injured in some way through the fault of someone else.

 

I don't think anyone can diagnosis the OP's injury or decide it is just a simple fall. A doctor has to do that. So I would not discount her injury. We were not there.

 

I can tell you that someone I knew went to the dr. for a dog bite that bit the skin. The bite was from her friend's dog. The health insurance company went after the dog's owner for covering the claim. So, deciding liability is not up to us and you don't need a lawsuit to decide that. If someone falls on your property, you are liable as a homeowner. This is a very common claim. My insurance agent told me that most claims are simple claims for medical bills, not big lawsuits. So, yes, if you think someone is at fault for your injury, you can make a claim with their insurance company. It doesn't have to be a lawsuit and most lawyers won't take small cases.

[ChocolateReignRemix]

 

 

If someone doesn't have the money for a doctor co-pay doesn't mean you look for someone else to pay for it. I found one of the OP's posts concerning. She mentioned how much money she might have to pay. That is not a reason to seek compensation.

 

I disagree. If someone suffers an injury/loss due to the negligence of another, then yes, that is exactly when they should seek compensation.

 

Most car insurance claims are due to "accidents". If someone hit the OP's car in the parking lot would you be saying age should suck it up and absorb the financial loss?

[swellmomma]

well this thread is spiralling fast. I did post earlier but looking at the newer posts etc I have to say this is where my thoughts are coming from. If someone is so seriously injured that they think there will be multiple dr's visits, chiro, imaging etc than WHAT THE HECK are they doing posting on the internet. If you are that seriously injured go tot eh dr, tell them how the injury happened and it will all come out int hw wash in regards to how it will be paid for. IF you have time to sit around and post online seeking legal advice, pain or no pain it is not a serious enough injury to think there will be all that fall out from it.

 

Just my opinion and all, but seriously, who the heck sustains a serious injury and then posts to the internet for advice before having it checked out. Minor injuries sure, people do it all the time, but seriously? if you think you have an injury that severe than give your head a shake and get seen by a medical professional. If it is not that bad at the moment than you don't need legal advice on how to proceed.

[VeteranMom]

If the OP is hurt or not is not the point to me. If she truly is that hurt then it was a freak accident.

 

If someone doesn't have the money for a doctor co-pay doesn't mean you look for someone else to pay for it. I found one of the OP's posts concerning. She mentioned how much money she might have to pay. That is not a reason to seek compensation.

 

The attitude that someone else should pay your bills because of an innocent accident is what is bothering me.

 

Elise in NC

 

If you knew the condition of the building and the lack of maintenance, you probably wouldn't be calling it a "freak accident". They didn't even have heat. It broke quite a while back and they don't have plans to fix it- our parents watched the indoor games wearing coats, hats, and gloves. It was the first time the team had ever played in the league. It's a poorly maintained facility (think "slum lord"). Prior to my fall a lot of parents expressed concern about how run down it is and the numerous safety issues. Yes, I do think their insurance should pitch in and help cover any medical care. I think that's reasonable. At this point, I'm contiuing to use ice and ibuprofen. If I seek care, I now know my insurance company will seek compensation against the owners of the building. No, I don't think I should have to pay the co-pays.

Also, fwiw, a boy fell in one of the recent games and 5 of his permanent teeth broke. It was awful. It was a "freak accident". I am certain his parents' insurance company will be wanting some compensation from the building owner's insurance to cover the kid's medical care.

[Laurie4b]

If the OP is hurt or not is not the point to me. If she truly is that hurt then it was a freak accident.

 

If someone doesn't have the money for a doctor co-pay doesn't mean you look for someone else to pay for it. I found one of the OP's posts concerning. She mentioned how much money she might have to pay. That is not a reason to seek compensation.

 

The attitude that someone else should pay your bills because of an innocent accident is what is bothering me.

 

Elise in NC

 

 

 

Would you feel the same way if she was in a small fender bender but ended up with a back injury?

 

(Curious. People's negative reaction to the insurance of a business paying or a league paying is puzzling to me. If that had happened on the property of the organization I work for, for instance, the OP would have been sought out, encouraged to go to a doctor to make sure she was okay, and phoned the next day to follow up. We would regard that as prudent behavior on the injured party's part and ethical behavior on ours. If there did turn out to be an injury, we would contact our insurance company. I think that's pretty standard operating procedure for an ethical business or organization. I am thinking that if the chair was ours or was rented by us, that we would be legally liable.)

[VeteranMom]

well this thread is spiralling fast. I did post earlier but looking at the newer posts etc I have to say this is where my thoughts are coming from. If someone is so seriously injured that they think there will be multiple dr's visits, chiro, imaging etc than WHAT THE HECK are they doing posting on the internet. If you are that seriously injured go tot eh dr, tell them how the injury happened and it will all come out int hw wash in regards to how it will be paid for. IF you have time to sit around and post online seeking legal advice, pain or no pain it is not a serious enough injury to think there will be all that fall out from it.

 

Just my opinion and all, but seriously, who the heck sustains a serious injury and then posts to the internet for advice before having it checked out. Minor injuries sure, people do it all the time, but seriously? if you think you have an injury that severe than give your head a shake and get seen by a medical professional. If it is not that bad at the moment than you don't need legal advice on how to proceed.

 

No one said it was a serious injury. Yes, it's spiralling fast, since people are putting their own "spin" on things. That's the problem with these internet boards. Lots of speculation and opinions about what the OP means. their intentions, and their character. I've watched these kinds of posts go bad for others and don't participate. Once in a while, I'll watch as things spin out of control and someone is demonized or called a troll or whatever. I'm going back to lurking now. Anyone that wants to continue to attack me or make fun can carry on...

[ktgrok]

I can't imagine there would be a life long injury from falling from a chair. We're talking maybe 18 inches. How does someone who is in decent medical condition (not elderly etc.) get hurt from that??? It doesn't even sound like he OP needs to even see a doctor. It sounds to me like the OP already has it in her mind that there wil be doctor and chiropractor visits. Sounds strange to me.

 

Elise in NC

 

 

When we were in the ER for my son's broken vertebrae I asked if it was a common injury. They said they do see it fairly often, usually from someone falling from a chair (chair slipped out from under them or broke). So yes, it can easily cause long term damage. A broken tail bone, broken vertebrae, herniated disk, etc. Just depends on the angle of impact, stability of the spine (turns out my son has a tiny bit of scoliosis), etc.

 

As for who should pay, in this case the league has insurance that will probably cover this. If that is the case than she is actually defrauding her medical insurance if she has them cover it, as some posters are saying she should do. Fraud isn't very nice.

[Guest inoubliable]

If you knew the condition of the building and the lack of maintenance, you probably wouldn't be calling it a "freak accident". They didn't even have heat. It broke quite a while back and they don't have plans to fix it- our parents watched the indoor games wearing coats, hats, and gloves. It was the first time the team had ever played in the league. It's a poorly maintained facility (think "slum lord"). Prior to my fall a lot of parents expressed concern about how run down it is and the numerous safety issues. Yes, I do think their insurance should pitch in and help cover any medical care. I think that's reasonable. At this point, I'm contiuing to use ice and ibuprofen. If I seek care, I now know my insurance company will seek compensation against the owners of the building. No, I don't think I should have to pay the co-pays.

Also, fwiw, a boy fell in one of the recent games and 5 of his permanent teeth broke. It was awful. It was a "freak accident". I am certain his parents' insurance company will be wanting some compensation from the building owner's insurance to cover the kid's medical care.

 

 

I've got a slum lord. I bought rental insurance. If the tree out back falls and takes out half the house, I pay my deductible and insurance makes sure I get my stuff back. At what point do you start taking responsibility for frequenting a "poorly maintained" facility?

 

I hope you start feeling better soon. It seems to be taking quite a toll on you.

[LMA]

Just to be the original situation in perspective, if that kind of injury happened at a workplace, an accident report would have to be filled in immediately and OSHA would be called in. My husband stumbled at work due to a fold in the rug and hurt his knee. OSHA was called immediately and a workmen's comp case was opened. When he went to the orthopedic surgeon, the claims were filed through workmen's comp, not our health insurance. At my husband's workplace, accident reports are filed for every accident regardless of the cause. OSHA is called in to investigate. So, if the OP's injury happened at work, the claims are done through workmen's comp.

[ktgrok]

well this thread is spiralling fast. I did post earlier but looking at the newer posts etc I have to say this is where my thoughts are coming from. If someone is so seriously injured that they think there will be multiple dr's visits, chiro, imaging etc than WHAT THE HECK are they doing posting on the internet. If you are that seriously injured go tot eh dr, tell them how the injury happened and it will all come out int hw wash in regards to how it will be paid for. IF you have time to sit around and post online seeking legal advice, pain or no pain it is not a serious enough injury to think there will be all that fall out from it.

 

Just my opinion and all, but seriously, who the heck sustains a serious injury and then posts to the internet for advice before having it checked out. Minor injuries sure, people do it all the time, but seriously? if you think you have an injury that severe than give your head a shake and get seen by a medical professional. If it is not that bad at the moment than you don't need legal advice on how to proceed.

 

 

 

Actually, not always the case. When my son broke his back he was in some pain, but my inclination was to just ice it and give him ibuprofen. It was just mother's intuition that made me end up taking him to the ER. Rationally, waiting until the next day, when the normal doctor was available, and seeing how he felt, made sense. But I thought hey, we have new, good insurance, might as well take him. And yeah, broken spine and months in a brace. Similarly, my mom hurt her foot and put ice on it, waited for a day to see if it felt better. It didn't, so she drove to the doctor and found she had broken two bones in her foot and was in a cast for months. You just don't know at first sometimes, if it is something serious or if it will feel better soon.

[Guest inoubliable]

Just to be the original situation in perspective, if that kind of injury happened at a workplace, an accident report would have to be filled in immediately and OSHA would be called in. My husband stumbled at work due to a fold in the rug and hurt his knee. OSHA was called immediately and a workmen's comp case was opened. When he went to the orthopedic surgeon, the claims were filed through workmen's comp, not our health insurance. At my husband's workplace, accident reports are filed for every accident regardless of the cause. OSHA is called in to investigate. So, if the OP's injury happened at work, the claims are done through workmen's comp.

 

 

Quite. I was injured at work at a teen. Incident report wasn't filed until I came back the next day, but the Urgent Care facility took down pertinent information and workman's comp paid it (I don't know how it worked between my parent's insurance and workman's comp, but I remember getting a check for the $30 copay that I had to pay on the spot at Urgent Care).

[speedmom4]

No one said it was a serious injury. Yes, it's spiralling fast, since people are putting their own "spin" on things. That's the problem with these internet boards. Lots of speculation and opinions about what the OP means. their intentions, and their character. I've watched these kinds of posts go bad for others and don't participate. Once in a while, I'll watch as things spin out of control and someone is demonized or called a troll or whatever. I'm going back to lurking now. Anyone that wants to continue to attack me or make fun can carry on...

 

 

When you post on a public forum about "legal advice for an injury?" I hope you understand that others will have a different opinion than you. I don't personally know you and would never intentionally attack your character. If I came across as harsh or making fun please forgive me. I have a different opinion on how I would handle your situation. It doesn't mean that I think you are a bad person for not doing what I would do.

 

I think it really boils down to having a difference in ideologies. You have a right to yours and you asked for others' opinions. You are also absolutely right that there is a problem on internet boards because you don't know these people and have no idea what their intention was and vice versa.

 

I sincerely hope you are feeling better soon and that it isn't a financial burden to your family!

 

:grouphug:

 

Elise in NC

[fraidycat]

I can see someone being hurt from a fall on ice. That makes total sense that someone could have pain for years after that. But a chair? Unless the fall was onto a concrete floor I can't even imagine how it would even bruise the skin. It felt like the OP had already determined that this "fall" merited a lot of medical intervention (doctor visits, chiropractor appointments). It just doesn't make sense. The title also sent up red flags.

 

Elise in NC

 

 

My "fall" on my tailbone wasn't a fall at all. I was sliding down a slide at the park with DS. The slide has a couple humps in the middle to make it a "funner ride" (I guess). Anyway, I got a little air and bounced down off one of those bumps and landed a little too hard - so maybe an inch or less of a "fall" and my tailbone STILL hurts 1.5 years later. It really, really does not take much to cause long term pain in that area of the anatomy at all, anecdotally anyway. Many people I've talked to since then have long term issues from a seemingly benign bump to the bottom.

 

I agree that I don't see any "legal" issues in this case, though. It is not something I would even think to pursue.

 

ETA: After reading the rest of the post (should have done that first!), I see the OP has clarified and received the answer she was looking for re: Insurance companies duking it out.

 

I do hope your soreness is gone quickly. I would not wish this literal 'PITA' on anyone!

[PinkyandtheBrains.]

If you are hurt, go to the doctor. Your insurance can decide if they want the facilities insurance to cover the cost. The facility should be filing accident reports when they occur anyway, so make sure they did.

 

 

When my son was 6, he fell while running in a store and needed 3-4 stitches. The store where he fell filed an accident report, standard procedure, and their insurance paid the bill. I didn't even have to ask them to, they just did. (And yes my son had been told to not run, he did anyway as children often do). It doesn't have to be about suing, in some places it is standard procedure to pay for accidents that happen on your property.

[Catwoman]

No one said it was a serious injury. Yes, it's spiralling fast, since people are putting their own "spin" on things. That's the problem with these internet boards. Lots of speculation and opinions about what the OP means. their intentions, and their character. I've watched these kinds of posts go bad for others and don't participate. Once in a while, I'll watch as things spin out of control and someone is demonized or called a troll or whatever. I'm going back to lurking now. Anyone that wants to continue to attack me or make fun can carry on...

 

No one thinks you're a demon or a troll. :glare:

 

When you start a thread of any kind, there are going to be people who disagree with you, or who view your situation differently than you expect, or who misinterpret every single thing you say. If you weren't prepared to deal with that, you probably shouldn't have started a thread looking any kind of advice -- because we have had trainwreck threads about things like crockpots and shopping carts, so you have to be ready for anything and not get annoyed when things don't quite go your way. ;)

 

That said, I'm sure each and every one of us hopes that this is nothing more than a minor injury and that you will make a quick and complete recovery.

[Catwoman]

Just checking for an update -- how are you feeling today, VeteranMom? I hope you're doing a lot better and that you won't even need to see a doctor. :grouphug: