I Fell On My Head

What is the name of your state? NJ

I'm getting very nervous. Is it time to call another attorney, or are we on the right track?

The mandatory background...

I was at an annual pool party at our condominium complex, where they bring in rides and entertainment. One of the rides buckles your feet and swings you upside down. I had ridden it for the prior three years. The last time, the operator had never set up the ride before, and forgot the safety harness. We have photos of previous years, and the year of the accident. I fell out, while swinging upside down, feet still attached, fell about 15 feet, landed on head & back, bounced over feet and landed on face. Broken back. Severe concussion, two legs in casts for 10 months. Nerve damage to face (fixed after only a month of visits to oral surgeon - least of injuries). Nerve damage to legs and feet. Three years later, still on medication from neurologist for nerve pain and dizzy spells, and told I will be for the rest of my life, and seeing regularly, still seeing foot doctor, will never wear shoes not made by foot doctor EVER again (and I'm a girl - imagine the pain!!) due to tearing of EVERY ligament, tendon, and muscle in BOTH feet. Technically not allowed to drive due to recurring severe dizziness, however with medication, it is usually ok, and I have to work.

I have never sued anyone. I hesitated to see a lawyer for this. I SPECIFICALLY told him I did not want to sue the condo association. They gave my 14-year-old son (who was taking photos and witnessed the accident) home and cell numbers, kept him calm while waiting for the ambulance, told the ambulance drivers he was my son and should go with me. They brought us food, they drove him to friends' homes, they drove me to doctor's appointments and surgeries, and they cleared special paths for me when it snowed. They were involved and concerned from the second the accident happened. The ride company never even called to see if I survived.

Fast forward. I waited a month to hear from the ride company. Common courtesy was all I asked. By then, I realized the injuries were more serious than I believed, despite what I was hearing. I don't know any attorney's so I picked one in my town who said he would come to me. I still couldn't really stand up, let alone drive or stand up. I gave him witness names, including the clown, who was also a paramedic - first on the scene, a fellow resident, second on the scene, who happened to also be a doctor, photos, etc...

He waited to file until the end of the two-year statute of limitations was almost up. Then, he did nothing. 2 years and 9 months after the accident, I gave a deposition to the defense. A week after that, we had a mediation session - with a REAL ESTATE ATTORNEY! My attorney had sued the condo association, even though I told him I didn't want to. He wouldn't agree to what I said I would settle for, and that I wouldn't ask for a cent from the condo association, only the ride company. The end result was that I had to see the defense physician, for a whopping five minute exam. That was two months ago. The three year mark is this week. My attorney had not even discovered the name of the ride manufacturer. The defense gave that to him. The only photos he provided at the mediation were the snapshots I took - no blow-ups of the defective ride, or injuries. Strict Target copies of my photos that I had to get for him, because he said it cost too much for him to make copies. I also had to pay for my physical exam by his expert, despite my still seeing the neurologist, foot doctor, and spine doctor at the time, and his advertisement that I pay no money.

Meanwhile, it has been three years. His plan is to wait for it to go through the system, and not act at all proactively, despite reports from every single one of my physicians, x-rays, ultrasounds, bone-scans, MRIs, and on and on, over 18 months ago that the damage remaining is permanent.

Shouldn't we be doing something other than sitting back and waiting?

Should I be talking to other attorneys?

If I do change, do we have to do the entire three year waiting process over again?

Thank you for taking the time to read through this.

PS - In the year of 2004, the law firm of father and two sons does not have a website!

Jesus, I am terribly sorry for what has happened to you. This lawyer of yours sounds like a complete bonehead, and I would suggest finding another one. How are you paying for this lawyer first of all? Secondly this ride company sounds like it should be sued to high hell for negligence, if and when this suit goes through, and you should win, you will probably never have to work again, and this company will be bankrupt. I hope your rehabilitation is making progress and you keep a positive attitude, best of luck to you.

do you have any legal background? why did you tell your attorney not to sue the condo association? Why make such a decision that lowered the amount of money you could possibly recover?

I don't have any legal background, other than basic intro to law and business law in college, sitting on a jury for an auto accident, and, of course, reading as many legal thrillers as I can get my hands on. I decided not to sue the condo association because they did the right thing. The president of the association was there within seconds of the accident, helping my son get through the crowd to me, arranging for him to ride in the ambulance with me. They checked on my son & me several times a day for weeks, until I could walk, and still checked on us frequently for two years, until we moved. They did the grocery shopping for us, brought prepared food, picked up prescriptions, and drove me for surgery, always made sure a path was cleared from my car door to the front door throughout any snow storms. I don’t like all of the frivolous law suits that are clogging up the system. I'm not out to make buckets of cash. The ride company never even called to see if I survived, even though the condo association gave them my name and telephone number, after asking permission. It's just a matter of doing the right thing.

Contact an attorney and see if the statute of limitations has run, you would want to sue both the condo and the ride company, perhaps your head injury can toll the SOL as you may have suffered diminished capacity, this is not a frivilious lawsuit and your injury has continued.

OUCH!
You have my vote for the most eye-catching, interest provoking thread title so far this year.

I don't know the laws of NJ so I certainly can not tell you what the true legal liabilities are; however, I can tell you the legal aspects of a serious injury incurred at a carnival held on a business' property. The business (in SC) was sued for premise liability, the carnival (from NC) was sued for negligent set-up and maintenance of the rides. The plaintiff (SC) had never ridden the ride before and was not aware that 'something was not right'. The plaintiff won the suit against the business and the carnival; the business sued the carnival and won.

You allowed this ride to swing you upside down by your heels for the past three years--you even have photos of the past three years (of you on the ride in your safety harness?). Why in the world did you not say "NO! There's no safety harness."? I don't know if that's contributory negligence, but if it isn't; it should be.

You should be glad that your attorney knows the laws well enough to sue the condo and the ride company. Three years is not an excessively long time for a case like this to settle or go to jury trial, either. If you change lawyers, you will be backing up.

You are lucky to be alive. Your story is certainly an impressive one. I wish you the best in recovering your health and the damages to which you are entitled.

EC

I didn't even remember the harness. All I remembered was the boot-like contraption they screw over your feet. No one remembered the harness until a month later when the condo association president & I were looking at the pictures from previous years. Had I rememberered, I wouldn't have gotten on the ride, or allowed any of the children who rode it that day before me to get on.

Thanks for the point about the business suing the carnival. I hadn't thought about the condo association being able to recover their losses.