Need advice on personal injury for my daughter
My daughter is 6 years old. She was at a friends playing unsupervised on a trampoline. Long story short, her PCL is completely torn and maniscus is damaged. This will require custom braces for the rest of her childhood to play any sports and eventually, a surgery.
Now I have never dealt with lawyers so I need to know, how should a reasonable contingency agreement read, red flags, proper fees, etc???And what is an acceptable outcome??
Just want to make sure we don't screw this up for my little girl. And hoping to tap into anybody's personal experience or any good lawyer's knowledge of what to do. Thanks for any help GB crowd!
Now I have never dealt with lawyers so I need to know, how should a reasonable contingency agreement read, red flags, proper fees, etc???And what is an acceptable outcome??
Just want to make sure we don't screw this up for my little girl. And hoping to tap into anybody's personal experience or any good lawyer's knowledge of what to do. Thanks for any help GB crowd!
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Planning on suing the neighbor, the manufacturer, or both?
Look up the legal term,"Attractive Nuisance" for demonstration of how you can lose this one.
There may be a shyster that would sue anyone for anything, but it seems that comparative negligence and extenuating circumstances played a major role in her injury.
Fees can be as much as the mouthpiece wants to charge, and contingent upon your winning the case, can be upwards of 50%.
Good Luck and sorry about your little girl.0 -
How was someone else responsible for the injury? 0 -
I hope your daughter if feeling better and recovers fully. Anyone that has a trampoline, swimming pool is just aching for a lawsuit if they do not take precautions. As a Landlord I do not allow such on any properties. As a Homeowner, I would make anyone using the swimming pool or trampoline sign a waiver of liability. First thing you need to do is find out if the neighbor owns the home or rents and IF they have homeowners insurance. The medical bills are on them, not you. It happened on their property. If their insurance only covers so much medical and permanent damage to your daughter they are screwed regarless the daughter was supervised or not. She got hurt on their property. They are responsible especially being a minor. Another word of advice is to get pictures of the trampoline. Go retain yourself an Attorney, you are defineatly going to need one or two of them. 0 -
I'm sorry for your little girl, but this is the type of instance why some people won't even let other folks kids on their property to play together.
I have a basketball hoop by the driveway, and hesitate to let my fiance's son play out there with his little buddies. One of the kids falls, and breaks an arm, how is that my fault? I KNOW that legally it is,.........and that is why I don't allow it anymore. It's too bad![xx(]0 -
Why was your 6-year old daughter playing, unsupervised, anywhere? 0 -
quote:Originally posted by Horney toad
Hire a big jew lawyer.
Little jew won't do?0 -
quote:Originally posted by Horney toad
Hire a big jew lawyer.
You're no help in this case. Why don't you do JPWolf a favor and delete your post?0 -
This is a tough one. Children play, fall on their skateboards, fall out of trees, bicycles, etc.
Many times a severe medical condition forces a lawsuit in order to find some way to come up with the money to heal the child.
I too hate to see people always seek another source of responsiblity for an "accident" but this is the society that we live with today! Lawyers rule and lawsuits prevail!
Think carefully about this lawsuit! I am sorry for your daughters injury and pray for her healing and understand if you must pursue that legal course due to lack of personal medical coverage or funds to pay for an expensive repair.
Not knowing all the circumstances makes it hard to make an accurate assesment of responsibility![:0][:0]0 -
quote:Originally posted by sig232
This is a tough one. Children play, fall on their skateboards, fall out of trees, bicycles, etc.
Many times a severe medical condition forces a lawsuit in order to find some way to come up with the money to heal the child.
I too hate to see people always seek another source of responsiblity for an "accident" but this is the society that we live with today! Lawyers rule and lawsuits prevail!
Think carefully about this lawsuit! I am sorry for your daughters injury and pray for her healing and understand if you must pursue that legal course due to lack of personal medical coverage or funds to pay for an expensive repair.
Not knowing all the circumstances makes it hard to make an accurate assesment of responsibility![:0][:0]
+1. I think the parent is at least partially responsable. If for no other reason, than that they should find out if the places they allow their children to go to are safe.0 -
Alright, long story. My daughter was out on the trampoline with one of their kids who is older and much bigger and loves to make trouble. Both parents were inside sleeping, one because he works the nightshift, the other, just lazy. When my daughter fell she asked the boy to stop but he kept jumping and she kept flopping untill her leg got severely injured. He still kept jumping. My daughter, with the aid of older sister, proceeded to the house screaming, at which point mom met her at the door telling her to be quiet, she'd wake hubby, and she had already woken "her" up. At which point hubby emerges asking what is wrong, at which point mom says, "see what I mean, now go take a nap!" This was at 12:30. No phone call. My wife was scheduled to pick up my daughter at 5:30. Just prior to arriving she phones to say "I'm about here, make sure Alyssa is ready." She is then told,"Okay, but I warn you, she'll be crying" by mom. The rest you can figure out....Those first few sleepless nights were fun as well... 0 -
very sorry about your daughter, for this very reason i forbid my kids from ever stepping foot on a trampoline, and the risk of injury increases with more than 1 on it, not just bumping each other, the trampoline can do s sort of re-verb and snap an ankle 0 -
Sorry, jpwolf. Can't be of any legal or other help here, very sorry for your girl. 0 -
If ya play it right, there's a new pickup and camper in it. Really, really carefully and you might squeeze in a boat.
I wish you well.
Oh yeah, sorry 'bout the girl.
Clouder..0 -
Not interested in personal gain clouder, only that my daughter be able to resume a normal childhood. If there's more than needed for that, you can have it!
The way I see it, why should I have to get a lawyer for this? Why even have insurance? This sucks!0 -
The brat kid kind of changes my feelings about this.
But if you knew that this kid is a problem,......why do you let your daughter play over there, especially on a trampoline, and with what sounds like irresponsible parents?
Not being hard on you, just a legitamate question.
I DO hope that your daughter fully recovers though![;)]0 -
Always two sides to the story, I hope they get a lawyer also and fight it.[}:)] 0 -
We love their kids and really didn't see the boy for the trouble maker he is. Now, it is more obvious to us because we have "learned" to pay attention to how he relates with his siblings and our daughter. The dad is a very good dad, we feel safe leaving our daughter with them because of him. We did not know he would be sleeping that afternoon or we would not have let her go home with them. 0 -
Well the only thing I know, is if you don't have the funds, or insurance coverage for her, that the other folks homeowners liability insurance will cover the medical costs.
They will have to pay their deductible, and you folks will probably never speak again, but your daughters bills will be taken care of.
I am certainly no attorney though.0 -
quote:Always two sides to the story, I hope they get a lawyer also and fight it.
This is a compilation of "the story" from their children, our daughter, and the parents.
This what insurance is for, right? Why should you have to fight to make use of it's purpose?0 -
My kids grew up on a trampoline. Great excercise, great fun, medium risk. One at a time on tramp. Hope your daughter fully recovers. 0 -
quote:They will have to pay their deductible, and you folks will probably never speak again, but your daughters bills will be taken care of.
I hope that isn't the case. I am very willing to work with them. The dad and I are very good friends. I wouldn't want it that way if the situation was reversed. Their insurance company told them to sever ties with us. After a few days of thought, (and I'm sorry it took that long) they decided that was wrong.0 -
quote:Originally posted by jpwolf
quote:They will have to pay their deductible, and you folks will probably never speak again, but your daughters bills will be taken care of.
I hope that isn't the case. I am very willing to work with them. The dad and I are very good friends. I wouldn't want it that way if the situation was reversed. Their insurance company told them to sever ties with us. After a few days of thought, (and I'm sorry it took that long) they decided that was wrong.
When you sue someone they tend to not like you after.0 -
quote:Originally posted by Flying Clay Disk
All due respect, but that is akin to saying...I didn't know there was a cliff over there; had I known there was a cliff over there I wouldn't have let my child go over there and fall off.
Who would you sue then; the cliff?
Wouldn't it be your responsibility to investigate over there first?
Whose responsibility was it to find out there were two sleeping parents, one mean older boy and a trampoline?
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Why should it come to a lawsuit?
Homeowner insurance should cover. Should remove the homeowner from the equation, so there are no hard feelings between you and your friend.
I only had one similar incident when my kids were small. I made one phone call to State Farm and gave the adjuster the name and number of the injured party. State Farm paid bills and settled. I heard no more about it.0 -
It's your business to KNOW who will be watching your daughter.
You didn't see the boy as a problem before, but now do? Again, perhaps you dropped the ball.
IMO,I doubt the boy mean't to hurt your daughter. Kids will be kids and often do not act in a responsible manner. Or even realise/understand what that is in some situations.
But IMO the focus should be on healing the child. And BOTH parties should be held accountable and work together towards that end. Utilizing whatever insurance policies (home owners & health). And split any out-of pocket.
Attempting to assign blame to one party ONLY is IMO an attempt to side-step your own responsibilty.
But I agree that you may need an attorney and court judgement to accomplish this. I just hope you do so w/fairness in mind.0 -
Another possible way to solve this would be if your daughter is covered by insurance. Pay her bills through her insurance, and then get the other family to agree to pay for the non-covered percentage of her bills out of pocket.
Homeowners is different everywhere,.......here I pay $2,250.00 a year, and that is with a 1K deductible, and it is very difficult to get because of the hurricane potential. If like I said above,.....one of my fiance's sons friends broke his arm playing basketball, I would have to pay out of pocket, if it was less than 1K, or pay that deductible, and when my insurance term ended, I would most likely be cancelled.
I wouldn't be too happy about that, needless to say, but what happened to your daughter, is a bit different than the scenario I laid out.[;)]0 -
Advice would be helpful, but since this is becoming personal...
quote:
Whose responsibility was it to find out there were two sleeping parents, one mean older boy and a trampoline?
You're right FCD, and also, when kids are at my house I am not responsible for their well-being, or even at least a phone call of notification if they are hurt, correct?0 -
File a claim, split the deductible and go on your merry way. Accidents happen, you both should be understanding of this. My 2.
Hope your daughter is okay.0 -
It seems to me this should be a simple matter of home owner's insurance covering your daughter's medical expenses. I'm very sorry your daughter was injured and I really do wish her a full and speedy recovery and I wish you wise discernment in how to handle this matter. 0 -
quote:Why should it come to a lawsuit?
Homeowner insurance should cover. Should remove the homeowner from the equation, so there are no hard feelings between you and your friend.
I only had one similar incident when my kids were small. I made one phone call to State Farm and gave the adjuster the name and number of the injured party. State Farm paid bills and settled. I heard no more about it.
Exactly, but this is going to be very costly so we were advised by my father-in-law who iwas an insurance agent for a long time, to get a lawyer.0
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