Legal Advise

[melonpecan]

Ok, I got a question and it's pretty serious.

There was an accident last November that left someone with a broken face in two places. The damage was done mostly around one of the eyes and to this day there is some slight discoloration and although the eye opens, one can tell that it does not open 100%, (it's probably round 95%).

Now this is my thing. Considering it's almost been a year is it still possible to sue, (not for a large sum of money just moving expenses), the management company for creating an unsafe environment?


Just wondering...

 

[onyxfemme]

Hmmmmm I think the is a time frame for things like this-but it varies by state I believe.

 

[BigUnc]

Contact the lawyer who handled the original claim. Any other advise you get here is worthless.

 

[melonpecan]

Contact the lawyer who handled the original claim. Any other advise you get here is worthless.

There is no original claim. That's the problem. I don't know if it's worth it (never filed a suit in my life) seeing as how it's been almost a year. I guess that would be a more appropriate question: is filing the suit worth it?


Thanks for the advise though, (yeah I know it's a bad place to ask for this sort of advise but everyone I consult tell me the same thing...)

*no offense board

 

[BigUnc]

There is no original claim. That's the problem. I don't know if it's worth it (never filed a suit in my life) seeing as how it's been almost a year. I guess that would be a more appropriate question: is filing the suit worth it?


Thanks for the advise though, (yeah I know it's a bad place to ask for this sort of advise but everyone I consult tell me the same thing...)

*no offense board

Big problem but not insurmountable....yet.

Got any records of the incident? Something official that says the incident occured such as Police,Fire,Ems report?

Is the company aware of the incident and did you get anything in writing from them?

Any witnesses you can get a hold of?

Get as much of the above as possible along with your medical records and go see an Attorney.

Soon!!!!

 

[melonpecan]

Big problem but not insurmountable....yet.

Got any records of the incident? Something official that says the incident occured suchas Police,Fire,Ems report?

Is the company aware of the incident and did you get anything in writing from them?

Any witnesses you can get ahold of?

Get as much of the above as possible along with your medical records and go see an Attorney.

Soon!!!!

I got cat scans and an x-ray. Management knows NOW- didn't inform at the moment thinking it would be a problem...I might be able to get a hold of the EMS report. Exploring my options...

Oh and I am the witness...

 

[BigUnc]

I got cat scans and an x-ray. Management knows NOW- didn't inform at the moment thinking it would be a problem...I might be able to get a hold of the EMS report. Exploring my options...

Oh and I am the witness...

Excellent

You've got enough to pursue a claim. An attorney will know how to get the EMS report and he/she will have you sign documents to have the Dr. and hospital release your medical records directly to him/her.

Go back to your Dr. and tell him you're having recuring problems and probably a permanent disfiguring injury.

Oh and don't forget to tell your Dr. you're taking legal action against the company.

 

[QueEx]

Oh and don't forget to tell your Dr. you're taking legal action against the company.

Now, that could turn out to be a regrettable mistake. If the doctor asks her, she should tell the truth. If he doesn't ask, however, she shouldn't risk the doctor making her statement a part of his medical notes. Whats more, if the doctor has an affinity towards plaintiffs (and she may never know the doctor has a bent against plaintiffs), the doctor might make a statement in his notes that could end up painting her as someone just out to sue -- raising questions then about the nature and extent of her injury. The doctor's attorney will obtain the doctor's notes during discovery and she could end up very surprised how he might skillfully use them against her during settlement discussions or, at trial.

BOTTOM LINE; you told her right: See a lawyer, Soon.

In the meantime, DON'T MAKE ANY MORE STATEMENTS to anyone (on or offline), until you talk to that lawyer.

QueEx

 

[BigUnc]

Now, that could turn out to be a regrettable mistake. If the doctor asks her, she should tell the truth. If he doesn't ask, however, she shouldn't risk the doctor making her statement a part of his medical notes. Whats more, if the doctor has an affinity towards plaintiffs (and she may never know the doctor has a bent against plaintiffs), the doctor might/could make a statement in the notes that could end up painting her as someone just out to sue -- raising questions then about the nature and extent of her injury. The doctor's attorney will obtain the doctor's notes during discovery and she could end up very surprised how he might skillfully use them against her during settlement discussions or, at trial.

BOTTOM LINE; you told her right: See a lawyer, Soon.

In the meantime, DON'T MAKE ANY MORE STATEMENTS to anyone (on or offline), until you talk to that lawyer.

QueEx

A Doctor with an affinity to Lawyers? What a conceptwell I haven't met one yet but I guess one could exist. All the doctors I've dealt with asks me if I'm suing and what's my lawyers name,address and phone contact. But defer to QueEx on that melonpecan.

 

[Mo-Better]

The time is no longer on the patient's side. However I think it would be worth looking into. Hopefully the patient has been getting regular doctors visits and getting physical therapy during this time. It will help the case. Good luck.

 

[QueEx]

A Doctor with an affinity to Lawyers? What a conceptwell I haven't met one yet but I guess one could exist. All the doctors I've dealt with asks me if I'm suing and what's my lawyers name,address and phone contact. But defer to QueEx on that melonpecan.

Thats why you have (1) a doctor; and (2) a lawyer -- so that you don't fuck up those judgments.

QueEx

 

[melonpecan]

Hmm...thanks errone.


(I did leave out the important details. This could be an impending lawsuit after all.).


I'll see what happens after tomorrow. There's another side to this that might be beneficial for anyone who's renting so depending on the outcome of this I'll keep you posted.

 

[UrBoSS]

Ok, I got a question and it's pretty serious.

There was an accident last November that left someone with a broken face in two places. The damage was done mostly around one of the eyes and to this day there is some slight discoloration and although the eye opens, one can tell that it does not open 100%, (it's probably round 95%).

Now this is my thing. Considering it's almost been a year is it still possible to sue, (not for a large sum of money just moving expenses), the management company for creating an unsafe environment?


Just wondering...

more than likely does have a time frame that it has to be dealt within, but also make sure you got ur proof!