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  #1  
Old 11-28-2000, 10:27 PM
Cinderelle
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My husband was injured at a friends. He went over to his house to help him with building an atrium. His friend was had a ladder, and my husband had another. They were placing a large beam up on the top, that is why they had two ladders. My husband was on the 3rd from the top step, and the friend was on the ground holding the other end of the beam. Well, the friend pushed the beam at the wrong time, and pushed the ladder and my husband to the ground.

He shattered his heel bone and has had to have plates and screws put into his foot. He will be disabled for the rest of his life, and will probably need surgery in the future. This has been 7 months ago, and he is still in crutches.

I have a demand letter that I have been holding for some time, but am afraid to send it. I am unsure of the amount I am asking for. I dont want to take the family to court. Any ideas or suggestions?
  #2  
Old 11-29-2000, 08:47 AM
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Join Date: Dec 1999
Location: Several States
Posts: 4,500
Are you more concerned with possibly upsetting your relationship with a friend (and financially the friend's insurance company), than obtaining compensation for your husband who has suffered a life shattering injury? If so keep on doing nothing. You may have already reduced the potential recovery and chance for full medical treatment.

And of course you do not know what to demand, as if it matters. You are a babe in the woods. There is a section on cars you should read on FreeAdvice [url]http://accident-law.freeadvice.com/insurance_company_settle.htm[/url]

You have a real case that the homeowners insurance companies of both the friend who owns the house, and the friend who pushed the wrong board will be responsible for. GET A LAWYER. NOW.
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  #3  
Old 11-29-2000, 02:17 PM
Cinderelle
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Thank you for the advice. I have a few more questions concerning this matter.

I have obtained all of my husbands medical records and bills. I was going to ask the insurance company for 10X the amount of medical bills and his wages added on to that amount. I was told by a lawyer to call him if we can't get 5X the amount.

What % do lawyers usually ask in this type of case. Is there any difference if it goes to trial? I am concerned because our hospital is already asking for money, and his job wants theirs, not to mention the future surgerys. I am not sure that their insurance policy will even cover half of the amount we want. And as far as out of pocket for the rest, I don't think they have it. If they dont how does that work, if they dont pay and take off to another country? Will we be stuck with med. bills and lawyers fees?

I know in my state I have 1 year to file a lawsuit. I am in my 7th month. If I hire a lawyer, what kind of lawyer should I look for? And how long should I expect this to take? I have been told it can take years.

Sincerely,
"Cinderelle"

  #4  
Old 11-29-2000, 02:34 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

ALawyer gave you very good advice, yet by your last set of questions, it is evident that either you didn't read it, or your don't understand it, or you are rejecting the advice.

Your question cannot be answered because we do not know your husband's background - - who he is, what he does for a living, or anything else. In other words, there are way too many variables.

And, what disturbs me greatly, is that you are talking about medicals without a total for us to consider, and then you are suggesting 10 times that unknown amount. In reality, with such injuries, it makes no difference what the totals are anyway, because you said your husband shattered his heel (broken bones) and has permanent injuries. Those types of injuries take the average case WAY OUT from the realm of your average injury claim.

Seriously, you could be doing your husband more damage if you continue on this path you are taking; e.g., you may be attempting to settle for an amount far less than what his case is worth.

Please, for the sake of your husband, see a Personal Injury attorney and let that attorney handle the matter.

IAAL
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