Court Date is Set!
December 16th. And now we wait. This is for the child support hearing. DH's lawyer never really gives too strong an opinion on things, but he actually said that BM2 was "obscene" among other things, for refusing to settle out of court, and thinks she is in for a very rude awakening.
As for his injuries, DH is still in a lot of pain. I went to the site and took pictures of the uneven sidewalk. It ripped a chunk out of his shoe and also a chunk out of his wedding band, which is supposed to be practically un-markable! That is how hard he fell. He is trying to be more mobile. We walked half a block for lunch Saturday to watch a soccer match on TV, but had to leave at half time because he was in too much pain.
We actually have a lawyer coming over to meet with us tomorrow. I don't want a million dollars for pain and suffering or anything like that, I just want to be sure the company with the uneven sidewalk pays for DH's medical bills, which will likely be a few thousand (that we don't have). We have an appointment with the hand specialist tomorrow for more X-rays and to decide if he needs a full plaster cast or can where a brace.
Dh is leery of lawyers, and I don't blame him, but I'm trying to get him to understand the gravity of the situation. DH can barely walk, he needs help adjusting his position if he's in bed. If we were working, he would have to be out on disability. He broke his dominant hand, so he can't type or write. He can't laugh, cough, sneeze, breathe deeply, twist, lift, etc. without excruciating pain. The pain medicine makes him loopy and dizzy and it is sometimes hard to even have a conversation when he is on it right after it kicks in. We are already broke and I'm already stretched to the max, and now I'm racing home at lunch to help him and working from home the rest of the day. All of the dog duties are now on me. All cooking, all cleaning, everything, I have no help since he is basically incapacitated. He is a little more mobile today than he has been in the last week, so I guess there is some slight improvement.
***EDIT*** To be clear, we do not want to sue. I am only trying to get information on the insurance company to file for medical payments under their GL policy. This is the main reason GL policies exist, outside of product damage and recall. The meeting with the lawyer is only for information purposes*****
Injury pictures here: http://m.imgur.com/a/MVroK
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The trouble is, we don't have
The trouble is, we don't have national healthcare here. So an injury like DH's may be free to you in your country, but can cost $5,000 or more out of pocket here in the USA. Do you have an extra $5,000 to throw away on medical bills? We do not.
Not sure about everywhere, but many places you as an individual or business are responsible for the sidewalk outside of your property. My parents replaced the sidewalk outside of our house after a tree root uprooted part of it and it was a safety hazard. Same goes for icy conditions etc., you have to keep the path clear and safe.
DH was looking where he was going, but he was running and his foot got caught. I wish it were like a car accident....you just file with their insurance company. Unfortunately, most companies will not tell you who their insurance company IS without the involvement of a lawyer. Frustrating, I know.
I actually work in insurance and do a lot of general liability insurance, which is what this would fall under, so I tried first to find the insurance company and place a claim with them directly and was unable to.
Again, I will reiterate, I
Again, I will reiterate, I just want to get the information of the insurance company so that we can file a claim for medical payment. If you have a few thousand laying around you'd like to donate towards DH's medical care, I will PM you my address.
My philosophy is, you are
My philosophy is, you are legally responsible to maintain a safe space for pedestrians outside of your business. If you do not, it is professional negligence of your property. You carry insurance, which includes medical payments coverage, if someone is injured on your property. I would like to file a claim with said insurance since the company's negligence lead to a serious injury on their property.
Thankfully my DH was able to protect his head in the fall. As hard as he fell he would have had serious head trauma, or worse.
I believe anotherstep2 just
I believe anotherstep2 just said that it's all on private property (at least in the US)....
We sure as heck pay for the
We sure as heck pay for the sidewalks. It's called TAXES.
"You go white water rafting
"You go white water rafting with the company, you drown, your family can't sue anybody. I think that's right awesome. Accountability for oneself."
I think that's a bit over the top. Some white-water rafting companies take care of their equipment, have trained guides, ensure anyone going for a ride with them has had basic training, and some white-water rafting companies are a guy with a raft that may or may not be in any kind of safe condition.
It's not reasonable to put the burden of expertise on each customer. It should be reasonable to expect that someone who is paid for services in xyz area has more than average ability or knowledge in xyz area.
And in Canada at least, personal property usually ends before the sidewalk begins (which is why you have no say in the City coming along to dig up your lawn looking for electrical or plumbing), yet it is your responsibility to maintain your property, including sidewalks, to the road.
I should note though, that actual sidewalk cannot be replaced by the homeowner, but the homeowner is responsible for reporting it to the City.
ETA: TBH, after reading a couple of comments, I realize I may have misunderstood how it is in Canada as well. It's also possible that the homeowner actually owns the sidewalk and lawn, but the City has the right to enter at any time. And I know in several cities I've lived in that replacing the sidewalk cannot be done by the individual, but the individual would be held responsible for a trip-and-fall.
I've been skydiving. I can't
I've been skydiving. I can't fly. I still expected that the plane, the pilot, the training, the parachute, etc would be of a standard that I could reasonably expect to survive.
DH has been unemployed for 17
DH has been unemployed for 17 months and counting
Just curious... how come your
Just curious... how come your DH is not on your insurance?
Sorry question was meant for
Sorry question was meant for CB Charolotte
He is, but we don't have
He is, but we don't have AFLAC. His injuries are "covered" but co-pays, out of pocket expenses, medical bills even after insurance pays will be into the thousands.
I always like the old lady
I always like the old lady who sued McDonald's because she spilled her coffee and it was hot and scalded her. Um hello, isn't your coffee supposed to be hot? And if you are careless enough to spill it, how is that McDonald's fault???? lol
HA we had the same idea
HA we had the same idea anotherstep. See my post right below this. This was a truly awful claim, one of the most gruesome pictures I've seen
THIS example really pisses me
THIS example really pisses me off. When you read it like that, it sounds insane. What an idiot, hot coffee is hot coffee DUH. However, if you actually saw and studied this claim, you would quickly change your tune.
I have a degree in actuarial science and work in insurance and actually used this claim as a claims study. This coffee wasn't just hot, it was scalding, and her injuries were HORRIFIC. You could see the bones in her legs from where the skin and pants melted off. The images from this claim are forever seared into my mind, and are enough to make you physically ill.
I agree, her carelessness in part led to the spilling, but no liquids should be served at such a high temperature that it can literally melt off your clothing and skin. I have worked on some gruesome claims in my time, including one where a guy was eaten by a tiger, and the pictures from the McDonald's coffee claim still haunt me.
Just insurance FYI for you.