anyone ever sue for an injury?

Discussion in 'Fibromyalgia Main Forum' started by daylilyfan, Oct 13, 2005.

  1. daylilyfan

    daylilyfan New Member

    I'm the one who was injured by the head of the physical therapy dept. of a hospital during her evaluation of me before treatment. I am to go to a shoulder specialist next week.

    Have had MAJOR pain. From what I have found so far, I am banking on surgery as a fix for me.

    If so, or if there will be long term consequenses of what ever they do determine is causing the pain, I think I will want to at least look into some sort of damages or compensation.

    My expenses so far are covered under my employer's health insurance. They do not know at this time that the injury was caused by the therapist. My human resources director says that when they find out, they may stop paying. He says if I see a lawyer about a suit, and they find out, they will definitely stop paying. If I do sue, and win any money, they will expect to be paid back any money they have paid for my care. That's ok - it's only fair. But, for now, I need them to keep paying.

    I have heard to keep a "journal" but so far, to be honest, I have spent so much time trying to live through this pain, I have not done this. It takes a lot to ice, heat, TENS, etc - plus the exhaustion of pain. I have a folder full of notes like "could not start weedeater due to pain" or, "could not make pork and saurkraut for dinner cause I could not open the jar" or "had to hire neighbor to dig hole to bury my cat because I could not use a shovel"..... and I have typed and sent or faxed notes to Dr about needing pain relief and updates on swelling and pain instead of calling so they have those notes in my records.

    I imagine they will blame it all on FMS.

    SO- do any of you have experience with suing anyone who has injured you? Can you give me any hints as to what I should do?
  2. fibromaster

    fibromaster New Member

    You want be able to do anything til you get an attorney. Your insurance want quit paying until there's a settlement determining if they were at fault. Then the people that hurt will be responsable for your medical bills.
    The longer you wait in getting an attorney could cause you to lose some of your rights.
    A good attorney can advise you on this. Don't settle on the first attorney you talk to either. They all have different opinions.
  3. JLH

    JLH New Member

    NO. We have never sued anyone before. My husband does not like all of the aggrivation that comes with stuff like that. But I really think it would be according to what the situation really was.

    About 3 years ago, a DRUNK driver hit my middle daughter on the driver's side of her car. It was HIS fault, of course. The drunk didn't stop at a stop sign on a side road and drove right into a four-lane highway hitting my daughter broadside on the driver's side when she was going about 55 mph, and in turn, her car was thrown across two lanes of traffic and after doing a few turns, hit another car head on!

    Thank God nobody was killed; however, my daughter broke about 4 ribs, injured her neck, numerous cuts and bruises, hurt her knee, etc. but nothing life-threatening. Her car was completely totalled! And ... we (my husband and I) had just paid the very last payment on it the month prior to the accident! We purchased the car brand new for her.

    She was in medical school at the time, and had to go back to her hospital rotations the very day even though she could barely walk.

    The drunk was charged; his insurance paid for her hospital bills, and the settlement on the car. However, the settlement on the car--that would have lasted her for many, many years to come since it was only 3 years old and had very few miles on it--was awful!!! We had to buy her another replacement car immediately and add $10,000 to the settlement money to get her another car similar to what she had. We did upgrade some--we went from a Chevy to a Honda product.

    My daughter would have been the one to sue; however, she was in medical school and said she did not have time to pursue it and would not be able to take time off to go to all of the meetings with attorneys, etc., so she chose to forget it and keep her mind focussed on med school.

    It took her months to heal, though, and still has a little trouble with her neck.

    I personally wanted the drunk to rot in hell!!! He was driving with intoxicated to go to the store to buy more beer!!!

    The car that my daughter hit head on had a family in it - mom, dad, and 4 children! They were in a BRAND NEW vehicle that was only a couple weeks old - an expensive one - and it was totalled, too! Luckily, they all had their seat belts on and no one was severely injured.

    They all were treated and released from the hospital about the same time that was daughter was -- and the drunk did not get a scratch!