Personal Injury in Michigan

[mom6399]

What is the name of your state (only U.S. law)? Michigan

My elderly mom was injured at a 'gym' where she was in physical therapy for shoulder replacement. She stepped on a treadmill that was left on and was thrown into a wall, resulting in a multiple shoulder surgeries and ongoing issues.

Suit was filed and a 'value' has been placed on her case (by court) that is not even enough to pay attorney fees and the insurance subrogation. She has accepted this 'offer', but has been told that if the opposing attorney rejects it, a trial will be required and she will be required to pay court imposed fees of $5,000...and if 'she' loses in court, pay upwards of $40,000.

Does this sound right?

 

[justalayman]

I have to ask;

How did she step on a treadmill when she was in PT for her shoulder?

a trial will be required and she will be required to pay court imposed fees of $5,000...and if 'she' loses in court, pay upwards of $40,000.

what is the $40k supposed to be for? What is the court imposed fee of $5k supposed to be for?


No, it does not sound right but you have presented very little info so far.

and of course, what does her lawyer say about the questions you asked here?

 

[ecmst12]

Does she have an attorney? If so, she should be listening to him (or her).

 

[OHRoadwarrior]

Is she blind and deaf?

 

[CSO286]

What is the name of your state (only U.S. law)? Michigan

My elderly mom was injured at a 'gym' where she was in physical therapy for shoulder replacement. She stepped on a treadmill that was left on and was thrown into a wall, resulting in a multiple shoulder surgeries and ongoing issues.

Suit was filed and a 'value' has been placed on her case (by court) that is not even enough to pay attorney fees and the insurance subrogation. She has accepted this 'offer', but has been told that if the opposing attorney rejects it, a trial will be required and she will be required to pay court imposed fees of $5,000...and if 'she' loses in court, pay upwards of $40,000.

Does this sound right?

Uhhh.....why did she step on a moving treadmill???

 

[quincy]

What is the name of your state (only U.S. law)? Michigan

My elderly mom was injured at a 'gym' where she was in physical therapy for shoulder replacement. She stepped on a treadmill that was left on and was thrown into a wall, resulting in a multiple shoulder surgeries and ongoing issues.

Suit was filed and a 'value' has been placed on her case (by court) that is not even enough to pay attorney fees and the insurance subrogation. She has accepted this 'offer', but has been told that if the opposing attorney rejects it, a trial will be required and she will be required to pay court imposed fees of $5,000...and if 'she' loses in court, pay upwards of $40,000.

Does this sound right?

Your mother has an attorney, correct? If she doesn't, she should have one. You can contact the Michigan Bar Association for an attorney located in your area (http://michbar.org/).

Nothing about the described situation sounds right.

 

[davew128]

How did she step on a treadmill when she was in PT for her shoulder?

Here's a better one. Why step on one that was moving?

 

[justalayman]

Here's a better one. Why step on one that was moving?

I can see it happening, maybe, IF she was directed to be using the treadmills and was not properly supervised. It may have been part of a PT routine as it does cause one to swing their arms as a natural action which could be part of a shoulder treatment, especially for an elder patient . I can imagine where it could be beneficial in a PT issue.

but remember, this is a PT facility. There should be no physical activity unless it was specifically under the direction of a therapist. If she wandered off and stepped on a treadmill without direction to do so there could be issues with either a lack of supervision, a patient being somewhere they were not supposed to be, or some combination of both. Any liability the facility may have could vary greatly depending on why what happened happened.

so, too few details to do anything other than speculate and guess.

 

[mom6399]

Thanks to everyone for your replies

She had also had a hip replacement so was in 'dual' therapy.

I've passed on the info from the helpful replies and it will be up to her on how to proceed.

Thanks!