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Need advice on personal injury for my daughter

jpwolf
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!
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Comments

69 comments

Date Votes
  • Marc1301
    codenamepaul has a very good idea, if you want to maintain the friendship, and to also accept some responsibility on your part.
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  • Marc1301
    The tough part in your situation, is the "eventual" surgery.
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  • Fatstrat
    quote:Originally posted by jpwolf
    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?

    You are responsible for making sure someone responsible is watching your child. Just as parents who's children come to your house are.
    I agree that the other mothers behavior was grossly incompetent. But that after the fact of the injury. If you prove FURTHER injury was sustained because of her actions, then you might have a case.
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  • jpwolf
    Thanks to everyone for the valuable input. And yes of course FCD, no hard feelings.(The dad is extremely responsible or we would not have maintained this friendship)
    P.S. Anymore input will also be greatly appreciated. Thanks all.
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  • Colt Super
    Jeff - I really feel for your daughter, and the anxiety you have been put through.

    I think the person that suggested an attorney was ahead of the game, some.

    I would handle it by:

    1) Find out what your neighbor's homeowner's insurance is willing to do.

    2) Find out what your homeowner's & health insurance companies are willing to do.

    3) After you find that stuff out, if you like the guy, I'd go have a cup of coffee on neutral ground, to try to patch up your friendship.

    I wouldn't get an attorney involved until I was pretty sure the other methods wouldn't work. Adversaries in many states are not permitted to contact one another, once an attorney is involved.

    Take a deep breath, and take care of your Daughter.

    It will all work out.

    Call me if you need to talk: 503-843-2020.

    Best wishes,

    Doug
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  • jpwolf
    Thanks Doug. We'll just have to see. Hoping everything just works out.
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  • select-fire
    It doesn't matter how, when BUT WHERE the child got injured... ON the Neighbor's property. Case Closed.

    I got injured on a foreign property just last Saturday loading a car onto the trailer. MY fault, but the homeowner's insurance would have covered ALL injuries should I have needed it. I didn't , and used my Wife's States insurance policy. Homeowner was scared for some reason , and I even offered to write and sign a paper I would not sue them for my mistake. I finally convinced the two I would take care of it on my own in which I did.
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  • givette
    Your child has about eight to ten more years of bone/cartelidge/ligament development ahead of her.

    Just watch, the injury will auto-correct itself to a [wonderful degree] as her little bones/ligaments contintue to grow.

    That business about eventual surgery is only if the body doesn't correct the problem over time through growth. I think the MD's are a little premature in stating that as an end possibility. Good luck! Joe
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  • jpwolf
    I hope so givette, We just got the MRI report yesterday saying that the PCL is completely torn away from it's femoral attachment.
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  • Marc1301
    Man, she must be in some serious discomfort![:(]
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  • Warpig883
    I ripped my PCL all the way off as well. Got it fixed with a tendon and some screws. Several years later all the cartiledge inside my knee started flaking off from being bruised. 6 operations later I now have cadaver bone and cartiledge in my knee.

    I hope this is NOT a lifelong injury for your daughter as it is for me.
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  • givette
    Warpig: dime to a dollar you sustained your injury as an adult. Even if she needs corrective surgery to re-attach the ligament, (and odds are she very well may not), her growth processes are still in full swing, and will "grow into" and strengthen the attach point. Same thing if her medial/lateral meniscus is bruised. She's got a lot going for her. Joe
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  • mlincoln
    Warpig: dime to a dollar you sustained your injury as an adult. Even if she needs corrective surgery to re-attach the ligament, (and odds are she very well may not), her growth processes are still in full swing, and will "grow into" and strengthen the attach point. Same thing if her medial/lateral meniscus is bruised. She's got a lot going for her. Joe


    Do you have a medical background?
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  • jpwolf
    She's not been to the ortho yet. That's Aug 2nd. She's only been to our family doctor, and physical therapist, and to get the MRI.
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  • select-fire
    quote:Originally posted by jpwolf
    She's not been to the ortho yet. That's Aug 2nd. She's only been to our family doctor, and physical therapist, and to get the MRI.


    So, the Insurance paperwork has been started?
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  • Spider7115
    quote:Originally posted by select-fire
    It doesn't matter how, when BUT WHERE the child got injured... ON the Neighbor's property. Case Closed.

    I got injured on a foreign property just last Saturday loading a car onto the trailer. MY fault, but the homeowner's insurance would have covered ALL injuries should I have needed it. I didn't , and used my Wife's States insurance policy. Homeowner was scared for some reason , and I even offered to write and sign a paper I would not sue them for my mistake. I finally convinced the two I would take care of it on my own in which I did.

    Not necessarily "case closed" at all. It can depend greatly on your state laws. A liability case in Virginia is very difficult to win as they take a very hard look at contributory negligence. If you are hurt on someone else's property but it's determined to be entirely or partially your fault, you will lose. This is to deter frivlous lawsuits by people who conveniently "fall" on someone's property or in a store in order to collect money. For example, if you see a customer in a store accidentally spill some coffee on the floor and you walk through it and fall, you will lose a lawsuit against the store unless you can prove beyond the shadow of a doubt that the store: A. Knew or should have known that the customer was going to spill their coffee; B. The customer had spilled it in long enough time for the store to discover it and clean it up; C. That you had no way to know that there was coffee on the floor; D. That you had no alternate route in order to avoid walking through the coffee. In this case, if it was in Virginia, the court may determine that the girl's parents had a legal responsibility to confirm adult supervision of their child before allowing her to play on the trampoline. If they did not do this and allowed their child to play anyway by assuming the parents would be watching, they could be guilty of contributory negligence and lose their suit. I think Doug has given the best advice, particularly if there are no permanent injuries or disfigurement. The homeowner's insurance should cover medical expenses and the friendship should hopefully remain intact.
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  • select-fire
    I hardly think a jury would even begin to believe a 6 year old had intent to harm herself. Get real.
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  • Spider7115
    quote:Originally posted by select-fire
    I hardly think a jury would even begin to believe a 6 year old had intent to harm herself. Get real.

    I neither said nor implied that. I'll try to make it simpler for you: if it goes to court, the defense could argue that the parents assumed the risk of injury by not providing or confirming proper supervision of their daughter.
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  • BigGun74
    As a lawyer, from what you describe I would say that should definitely get a lawyer, especially with the severity of injuries you are describing. The parents might be the most fair minded people in the world, but their insurance company's number one goal is to pay the least amount of money possible, preferably zero.Don't even talk to the insurance company without talking to an attorney first and if you already have talked to them do not sign anything or provide a recorded statment until you talk to a lawyer.Laws vary state to state but your kid was a minor and asleep or awake the parents at that home are presumed to have been responsible for supervising your daughter on their trampoline, and at all others times while on that property. A personal injury attorney will charge between 30-45% of the final take to negotiate this case or if necessary take it to court (95% of cases settle before a lawsuit is even filed). They will usually negotiate their fees and in catastrophic injuries like this they will usually take the lower end of their percentage. Even after the fee is taken a lawyer will almost always get you a better settlement than you would yourself, because they know all the angles. Check out www.martindalehubbel.com, or www.lawyers.com for a listing of lawyers in your area. The martindale site often includes a rating for lawyers based on a poll of other lawyers assement of their ethics and ability. AV ratings are what you are looking for. Lawyers, especially personal injury lawyers, are victims of bad press for the most part (paid for by insurance companies and other industries that don't want to pay the bills they owe and/or want free reign to rip off consumers)but there are shysters out there so it pays to do your research. One more thing to remember is that there is a statute of limitations on this claim. If your case is not settled, or a lawsuit filed, by that time, you have no more legal right to pursue a claim. That also varies by state and can be as little as a year in some places. At least consult with a lawyer before you go any farther.
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  • Raupleminze
    Originally posted by whiteclouder
    If ya play it right, there's a new pickup and camper in it. Really, really carefully and you might squeeze in a boat.

    How does that benefit his daughter, or cover her medical bills?
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  • BigGun74
    Raupleminze actually brings up a good point. Whatever your child's settlement is (it is her claim not yours) any money above and beyond the costs of her medical bills, attorney fees and other related costs is often required by law to be put into a trust that no one can touch until the child comes of age. At least in my state that is the rule. That rule is to discourage parents from having a spending spree with what is supposed to be the kid's money. Once again your state may be different, but it is something that should be kept in mind, should it become an issue
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  • dcon12
    quote:Originally posted by jpwolf
    My daughter is 6 years old. She was at a friends playing unsupervised on a trampoline.



    I hope your daughter is ok. Now lets sue for all they are worth. You can win big cause with a jury trail, sympathy is on your side. Where were you? If this had happened on your property, it would have been an accident. I am sorry but you share the blame. Just my opinion, but then that's all I have. Don
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  • jpwolf
    Don, the only thing I want is for her to get what she needs. I don't think that will require "all they're worth" but it will require them to pay her medical bills. I think that is why we all have this kind of insurance and in a perfect world, it wouldn't require the services of an attorney.
    Where was I? At work.
    By the way, I have insurance. If one of their children were hurt at my house, and my insurance company didn't want to pay, then my insurance company would henceforth be my enemy for having reneged on what I pay them to do. Quite simple.
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  • dcon12
    quote:Originally posted by jpwolf
    Don, the only thing I want is for her to get what she needs.

    Then pay for it. Suing in this sue society is too common place. She got hurt playing. If she and not got hurt, would we hear about it. Would you be upset with the neighbors? Keep her in the closet. Nobody will have her around if they know you will sue at every opportunity. My son got his arm broken badly playing basketball with the neighbor kids. Compound fracture but I sued no one. He was there and playing. WOW. Accidents happen. Now someone is at fault. Again, this is my opinion, take it for what its worth. Don
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  • oldgunman
    Wish your daughter well. Also for those of you afraid of a trampoline, they must always have rules. Nobody ever underneath EVER, no shoes or hard toys, everyone must always brake for the smallest person with no exceptions, etc. Our kids and friends all grew up with trampolines, we still have ours, and now they have their own. No Problems and are very safe as long as RULES are followed. They are a great recreation. jpwolf---- if these are your friends then go talk to them and explain your concerns. She is very young and hopefully it won't turn out as bad as it seems right now. I think your looking at the worst senerio and I hope thats not it.
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  • whiteclouder
    I'm gonna sue someone for the severe pain in the ass this whole responsibility-dodging issue gives me.

    You have insurance, use it. Rest assured your insurance company will seek to recover from the homeowner's insurance company. If there's cause, thier insurance will pay, if not, you're still covered and it's not between you and your friend---it NEVER was unless you made it so.

    Unless you're the kind who doesn't have insurance, in which case I hope you lose your shirt.

    Clouder..
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  • Horney toad
    quote:Originally posted by thesneakyrussian
    quote:Originally posted by Horney toad
    Hire a big jew lawyer.


    Little jew won't do?


    The little jew would be 2nd choice.
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  • Colt Super
    Are Jews the most effective attorneys ??

    Doug
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  • whiteclouder
    quote:Originally posted by Doug Wilson
    Are Jews the most effective attorneys ??

    Doug


    Thinking of a few of the high profile cases of the last 20 years or so, there has been a Jewish lawyer or two involved in 90 percent. Are they effective? Must be, because both sides employ them. I think it's a money thing---big money attracts Jews.

    Clouder..
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  • 11b6r
    1. First, ask the neighbor to have his homeowner's insurance carrier contact you. 2. There is no deductible for LIABILITY claims on a homeowner's policy. 3. You MAY need an attorney, but don't jump yet. See how the homeowner's carrier responds. An attorney on a contingency fee basis will usually get 1/3 of settlement, PLUS expenses. Don't believe the ads you see on TV. If the homeowner's insurance carrier acts like a jerk, you can still get a lawyer. 4. You are not going to get more than their liability coverage. Not law, just reality. 5. Since your daughter is a minor, any settlement for future medical will need to be approved by a court, you would be made guardian of funds on her behalf, and required to account for spending those funds to the court periodically. No, not a lawyer- I'm a dad that went thru having a 9 yr old daughter hospitalized as result of attack by a dog. Running at large. She is fine, now has a daughter of her own. Good luck.
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