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Improperly Installed Slide/TBI

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Zigner

Senior Member, Non-Attorney
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.
I don't believe anyone stated that you were a single parent, but if you were, it wouldn't detract from your position (or you). There was no ill-will intended by the post, rather, it was just trying to be helpful advice. It sounds like you are on the right track here, and that is a good thing. My best wishes for your daughter's continued recovery.
 


Moofies

Active Member
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.
Thank you for the detailed breakdown though, it definitely helps paint an easy to understand picture. Our lawyer did go over this with us.

I'm not entirely sure what settlements like this are usually awarded if it goes in our favor, but at this point our greatest hope is for our daughter to heal 100% (that's a given) and for medical compensation. It adds up and my husband and I want to make sure we can afford everything she needs.

(I mean, I'm not going to lie, I also hope this might jolt the apartments to be more mindful of the playground equipment and stuff too. I really don't want to see any other child hurt.)

I have dealt with insurance companies in an accident before (for me, car accident) and I never want to do that myself ever again. It was a stressful nightmare!
 
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Moofies

Active Member
I don't believe anyone stated that you were a single parent, but if you were, it wouldn't detract from your position (or you). There was no ill-will intended by the post, rather, it was just trying to be helpful advice. It sounds like you are on the right track here, and that is a good thing. My best wishes for your daughter's continued recovery.
It's very much appreciated. I hold no ill-will toward anyone giving me free advice I asked for. I am only attempting to be thorough in explaining my position. (And I might be slightly edgy but that's not anybody's fault on these forums.) Thank you for your time and well wishes for my daughter. Only time and care will tell.
 

zddoodah

Active Member
I'm not entirely sure what settlements like this are usually awarded if it goes in our favor
Settlements aren't awarded. A settlement is an agreement between two parties to a dispute to resolve the dispute (usually by one side paying money to the other side). You lawyer is best qualified to value the claim based on experience and reported settlements and verdicts in your area.
 

Moofies

Active Member
Settlements aren't awarded. A settlement is an agreement between two parties to a dispute to resolve the dispute (usually by one side paying money to the other side). You lawyer is best qualified to value the claim based on experience and reported settlements and verdicts in your area.
Thank you for the clarification. My brain knew the information but used the wrong language.
 

Moofies

Active Member
The slide was placed back up today and the playground re-opened. The slide was screwed in at the top this time, but faced the corner post of the ladder (where my daughter hurt herself) instead of away from it like it should be. It has, at maximum, 2 feet spacing between the bottom of the slide and the post. The slide also moves easily side to side!

This is so ridiculous. I took more video and photos with the help of my neighbors. The management must've been watching us though because they came out to talk to the adults so I walked away. My neighbors voiced their extreme concern until the manager finally agreed to shut it down once again.

Three times now! So unbelievably incompetent and dangerous.
 

quincy

Senior Member
The slide was placed back up today and the playground re-opened. The slide was screwed in at the top this time, but faced the corner post of the ladder (where my daughter hurt herself) instead of away from it like it should be. It has, at maximum, 2 feet spacing between the bottom of the slide and the post. The slide also moves easily side to side!

This is so ridiculous. I took more video and photos with the help of my neighbors. The management must've been watching us though because they came out to talk to the adults so I walked away. My neighbors voiced their extreme concern until the manager finally agreed to shut it down once again.

Three times now! So unbelievably incompetent and dangerous.
The apartment management certainly is not showing itself to be very smart. You should keep a record of all of their missteps for your attorney. And you and/or your neighbors can always invest in “crime tape” to, on your own, block the slide if you are concerned other children could be harmed by the condition of the slide.
 

Moofies

Active Member
The apartment management certainly is not showing itself to be very smart. You should keep a record of all of their missteps for your attorney. And you and/or your neighbors can always invest in “crime tape” to, on your own, block the slide if you are concerned other children could be harmed by the condition of the slide.
Yeah, I mentioned the 'crime tape' to another neighbor that pledged to add it to the now re-placed traffic cones. I also took many photos and video again and forwarded them to our paralegal.

It seems many of the neighbors are now voicing themselves plenty. Maybe they'll finally just replace the dang thing or remove it entirely. Either way there's definitely lots of eyes on the playground now.
 

quincy

Senior Member
Yeah, I mentioned the 'crime tape' to another neighbor that pledged to add it to the now re-placed traffic cones. I also took many photos and video again and forwarded them to our paralegal.

It seems many of the neighbors are now voicing themselves plenty. Maybe they'll finally just replace the dang thing or remove it entirely. Either way there's definitely lots of eyes on the playground now.
Enough complaints about the slide by residents of the complex should drive the apartment management to remove (and possibly replace) the dangerous slide.
 

Moofies

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

It's been a long time since I posted. As most of you probably already know, I've been instructed by my attorney to be careful what I put out there at this time, so I won't go into too much explicit detail.

First, my daughter is still recovering but things are looking better for her. She did miss the rest of the school year, but made it back for the last day. She was very excited to see her friends and teacher before summer started. She has a knowledgeable and competent team of doctors looking out for her health. She will be seeing a head trauma informed therapist in the next couple of months.

The legal stuff is, as expected, long processed, however, I'm still very happy with the legal team I've chosen. It's very nice to have their support and knowledge. So far, contact has been made to the apartments and has been responded to. My attorney has said that they have responded (mostly) within the time frames expected and with the responses the attorney expected. Whilst there is some (sorry to be vague) small disputes over some facts between my apartments and my attorney, my attorney has assured me that she isn't worried about it given the evidence I've provided. (Man, sorry guys, that's super vague.)

The last two weeks in particular have been a little stressful for me, as for my neighbor friends that witnessed the accident, are being less than friendly with me now. While I would like to think that they wouldn't be vindictive or grudgy, the thought occurred to me more recently, as they've been ruder and ruder to me, that they may be uncooperative when it comes time to talk to my attorney about the accident. I have brought this concern up with my attorney via text but unfortunately this all happened within her vacation period.

If anyone has any advice concerning my neighbors, I'd appreciate it. There was one other witness, my child's 8 year old friend. Her mother and I are in good standing. Also, and I'm not sure if it matters as far as facts go, but I do have all the texts between my neighbors and myself the day of the accident and beyond, which clearly show they were there and witnessed it and all of that.

Thank you again to everyone who responded to me. You are all very kind and I am grateful. I appreciate very much all of the information given to me and to each of you for taking time out of your life to freely listen and offer advice. I hope you are all doing well.
 

Just Blue

Senior Member
Hi again,

It's been a long time since I posted. As most of you probably already know, I've been instructed by my attorney to be careful what I put out there at this time, so I won't go into too much explicit detail.

First, my daughter is still recovering but things are looking better for her. She did miss the rest of the school year, but made it back for the last day. She was very excited to see her friends and teacher before summer started. She has a knowledgeable and competent team of doctors looking out for her health. She will be seeing a head trauma informed therapist in the next couple of months.

The legal stuff is, as expected, long processed, however, I'm still very happy with the legal team I've chosen. It's very nice to have their support and knowledge. So far, contact has been made to the apartments and has been responded to. My attorney has said that they have responded (mostly) within the time frames expected and with the responses the attorney expected. Whilst there is some (sorry to be vague) small disputes over some facts between my apartments and my attorney, my attorney has assured me that she isn't worried about it given the evidence I've provided. (Man, sorry guys, that's super vague.)

The last two weeks in particular have been a little stressful for me, as for my neighbor friends that witnessed the accident, are being less than friendly with me now. While I would like to think that they wouldn't be vindictive or grudgy, the thought occurred to me more recently, as they've been ruder and ruder to me, that they may be uncooperative when it comes time to talk to my attorney about the accident. I have brought this concern up with my attorney via text but unfortunately this all happened within her vacation period.

If anyone has any advice concerning my neighbors, I'd appreciate it. There was one other witness, my child's 8 year old friend. Her mother and I are in good standing. Also, and I'm not sure if it matters as far as facts go, but I do have all the texts between my neighbors and myself the day of the accident and beyond, which clearly show they were there and witnessed it and all of that.

Thank you again to everyone who responded to me. You are all very kind and I am grateful. I appreciate very much all of the information given to me and to each of you for taking time out of your life to freely listen and offer advice. I hope you are all doing well.
I'm so glad your daughter was able to get back to school...that's wonderful!

Why do you think your previously kind and supportive neighbors are behaving this way? Why would they be "vindictive or grudgy"?
 

Moofies

Active Member
I'm so glad your daughter was able to get back to school...that's wonderful!

Why do you think your previously kind and supportive neighbors are behaving this way? Why would they be "vindictive or grudgy"?
Thanks, Blue. Appreciate the shared enthusiasm for my kiddo.

Edited this out since the issue was resolved with my neighbors and I don't wanna put anyone on blast.
 
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quincy

Senior Member
Hi again,

It's been a long time since I posted. As most of you probably already know, I've been instructed by my attorney to be careful what I put out there at this time, so I won't go into too much explicit detail.

First, my daughter is still recovering but things are looking better for her. She did miss the rest of the school year, but made it back for the last day. She was very excited to see her friends and teacher before summer started. She has a knowledgeable and competent team of doctors looking out for her health. She will be seeing a head trauma informed therapist in the next couple of months.

The legal stuff is, as expected, long processed, however, I'm still very happy with the legal team I've chosen. It's very nice to have their support and knowledge. So far, contact has been made to the apartments and has been responded to. My attorney has said that they have responded (mostly) within the time frames expected and with the responses the attorney expected. Whilst there is some (sorry to be vague) small disputes over some facts between my apartments and my attorney, my attorney has assured me that she isn't worried about it given the evidence I've provided. (Man, sorry guys, that's super vague.)

The last two weeks in particular have been a little stressful for me, as for my neighbor friends that witnessed the accident, are being less than friendly with me now. While I would like to think that they wouldn't be vindictive or grudgy, the thought occurred to me more recently, as they've been ruder and ruder to me, that they may be uncooperative when it comes time to talk to my attorney about the accident. I have brought this concern up with my attorney via text but unfortunately this all happened within her vacation period.

If anyone has any advice concerning my neighbors, I'd appreciate it. There was one other witness, my child's 8 year old friend. Her mother and I are in good standing. Also, and I'm not sure if it matters as far as facts go, but I do have all the texts between my neighbors and myself the day of the accident and beyond, which clearly show they were there and witnessed it and all of that.

Thank you again to everyone who responded to me. You are all very kind and I am grateful. I appreciate very much all of the information given to me and to each of you for taking time out of your life to freely listen and offer advice. I hope you are all doing well.
Thank you for the update, Moofies.

I am happy to hear that your daughter is showing recovery and was able to join her friends at school.

It is also good to learn that you are still content with your legal team.

Continued best wishes for your daughter.
 

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