Improperly Installed Slide/TBI

[quincy]

If you have the opportunity to post back with updates, we are always interested in hearing how everything is going.

 

[Moofies]

If you have the opportunity to post back with updates, we are always interested in hearing how everything is going.

Cool, will do!

 

[Moofies]

Updates:

I have been contacted by a few different lawyers or their paralegals. I have not officially signed on with anyone yet.

I also got an email response from the office. They said they sincerely apologize for my daughter's injury and that this was the first time they were made aware of the slide breaking again. In the email response our manager said that it had been broken before and they had two people repair it.

About an hour later my neighbor sent me photos of the park. The slide is sitting on the side now and there are 4 traffic cones around the playset with a paper sign posted on one of the cones saying the playground is closed for repairs.

 

[Moofies]

Aside from talking to other firms (I hope I'm using that in the right context) the first attorney that I spoke with followed up with me this morning and after noon to go over more stuff. Basically it sounds like they are asking for 30% of the settlement if it's settled out of court and 40% if they have to bring a lawsuit. The paralegal I spoke to said that if they need to pay to get my daughters medical records that they front that for me and add it to the settlement, but in the event we don't settle we won't owe them anything but the cost of the records. Which sounds right to me, but I'm happy to hear anyone else's opinion.

I'll update more later. I'm just about to go in with my daughter to see her pediatrician as her symptoms were bad this morning.

 

[adjusterjack]

Basically it sounds like they are asking for 30% of the settlement if it's settled out of court and 40% if they have to bring a lawsuit.

That's standard.

The paralegal I spoke to said that if they need to pay to get my daughters medical records that they front that for me and add it to the settlement, but in the event we don't settle we won't owe them anything but the cost of the records.

Also standard.

Which sounds right to me,

Understand, however, that if any other expenses crop up, you'll have to pay those, too. One that comes to mind is the possibility that an expert might have to be hired to examine and report on the condition of the slide.

Meantime, you should be identifying your neighbors by name, address, phone and email so they can be interviewed about their knowledge of the ongoing condition of the equipment.

 

[Moofies]

That's standard.



Also standard.



Understand, however, that if any other expenses crop up, you'll have to pay those, too. One that comes to mind is the possibility that an expert might have to be hired to examine and report on the condition of the slide.

Meantime, you should be identifying your neighbors by name, address, phone and email so they can be interviewed about their knowledge of the ongoing condition of the equipment.

Thank you very much. My husband and I feel really good with this lawyer and their attentiveness. We're looking over the documents right now.

 

[Moofies]

Understand, however, that if any other expenses crop up, you'll have to pay those, too. One that comes to mind is the possibility that an expert might have to be hired to examine and report on the condition of the slide.

Yes. I understand. I feel pretty confident that the video evidence speaks for itself on the condition of the slide and illustrating how broken it really was as it literally collapsed live in the video. I suppose they could call on a professional to assess that, but I kind of think it won't even be necessary. I'm not used to how these things work though so I could be wrong.

The paralegal I spoke to said that any costs I might incur would be discussed beforehand and would only happen if we all agreed on it. I'm okay with that.

Meantime, you should be identifying your neighbors by name, address, phone and email so they can be interviewed about their knowledge of the ongoing condition of the equipment.

Done and done. My neighbors are all on agreement that this was the right course of action and all of them are willing to make statements about the conditions of the slide months ago and the witnesses that saw my daughter get hurt (and help both her and I pre-ER visit) are willing to make statements.

 

[Moofies]

We have officially signed on with a firm and are legally represented now. They're drafting a letter to our complex.

I don't know how you guys do all of this for a living. There's so much information!

 

[quincy]

We have officially signed on with a firm and are legally represented now. They're drafting a letter to our complex.

I don't know how you guys do all of this for a living. There's so much information!

I am sorry to hear that your daughter experienced problems today. It sounds like her pediatrician is keeping a close eye on her, which is good.

The fact that the apartment management responded quickly to your notification is also good. That there were issues with the slide previously will be information that your attorney will be interested in.

Everything you were told by your attorney is pretty standard. I am happy that you now have someone who can handle all of the legalities for you so you can devote this time to your daughter.

Good luck, Moofies.

 

[zddoodah]

Basically it sounds like they are asking for 30% of the settlement if it's settled out of court and 40% if they have to bring a lawsuit. The paralegal I spoke to said that if they need to pay to get my daughters medical records that they front that for me and add it to the settlement, but in the event we don't settle we won't owe them anything but the cost of the records.

This is standard stuff. Let's say the recovery is $100 after a lawsuit is filed, and the law firm has incurred $30 of expenses on your daughter's behalf. The firm will keep the first $30 of the settlement to reimburse for expenses. Then the law firm gets $40 for its contingent fee ($100 x 40%). What's left will be paid first to any medical providers who have properly perfected liens against the recovery (including medical insurance companies who are subrogated to your recovery). What's left, if anything, goes to you to hold in trust for your daughter's benefit.

 

[quincy]

The attorney Moofies hired should have gone over all of that with Moofies before Moofies signed the contract. Moofies should continue to ask the attorney for further explanation on anything Moofies does not fully understand.

 

[AlmostThere]

I am going to step away from the legal advice and suggest you focus at least some of your energy on making sure your daughter works with the right doctors - with a sports injury doctor that focuses on head injuries. The right treatment - medications, and physical and occupational therapy can improve recovery outcomes.

Time to seek appropriate treatment is far more critical than starting a lawsuit.

 

[quincy]

Moofies should be speaking with the daughter’s pediatrician to coordinate care and treatment.

 

[Moofies]

I am going to step away from the legal advice and suggest you focus at least some of your energy on making sure your daughter works with the right doctors - with a sports injury doctor that focuses on head injuries. The right treatment - medications, and physical and occupational therapy can improve recovery outcomes.

Time to seek appropriate treatment is far more critical than starting a lawsuit.

I'm not a single parent.

My daughter has had appropriate treatment. Both at the time of injury and follow up. She has future appointments during the suggested time frames as directed by her doctors. I have done everything I have been advised to do for my daughter's injury care. Contacting legal advice hasn't detracted from her care.

I am not starting a lawsuit as far as I'm aware, or at least yet. My attorney told me most cases settle out of court and that's usually what they strive for in cases like this.

 

[PayrollHRGuy]

I am not starting a lawsuit as far as I'm aware, or at least yet. My attorney told me most cases settle out of court and that's usually what they strive for in cases like this.

A lawsuit or at least the threat of one is what generally causes such things to settle out of court.