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PrintableJochem said: I don't understand some of you.
It's like you are saying she should sue just because she can. Americans don't know better (  ) and because eveyrone's suing everyone and no insurance company wants to pay for anything, so you just get dragged into that shit or else you end up paying for your own medical expenses.  | |
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Genesia said: First, they are not going to apologize...because to apologize is to admit fault. Their insurance company and their attorney would advise them not to do that.
You must sue them. In fact, if you have insurance, your insurance company (if they find out how you were injured) will insist on it - because they do not want to pay the medical bills for an accident that was the result of someone else's negligence. Things you should recoup: your medical expenses (which will go to your insurance company, less any deductibles you pay), loss of work (even if you have sick time, you deserve compensation for having to use it for an injury that was avoidable), any other expenses (like help around the house or with your kids), and pain and suffering. The fact that they are nice to you is neither here nor there. Your injury was the result of negligence on their part. This is not a matter of "suing for the heck of it." An personal injury attorney will take your case on a contingency - which means you won't owe any money unless they collect. So you needn't worry about not having money for an attorney. And do not - I repeat, do not - allow yourself to be rushed into settling. Don't settle until you are absolutely sure you are healed and that there will be no more expenses. GREAT POINT my insurance paid for my injuries, therapy etc from my accident but insisted that I file suit because they refused to be repsonsible for someone elses negligence. Check with your medical insurance company, you may not have a choice in the matter or they may file on your behalf. Did you report it as a slip and fall at a store? the ambulance was called by the store? if that is true they are already on the hook, it's a done deal. 
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Jochem said: I don't understand some of you.
It's like you are saying she should sue just because she can. Next thing you know the world is full of "Caution: Wet Floor" signs just because everyone is affraid they are getting sued for negligence. Is that what you want? And exactly what is the negligence here? Maybe they had it repaired the day before but somehow it started leaking again. Then she can sue the company, the company can sue the repair man, the repair man can sue the factory that delivered the crappy rapair materials, or he can sue the school he was in to learn his crappy skills... Or maybe the company called a repairman and they had to wait for a couple of days to get it fixed. They placed a warning sign and somebody's kid started playing with the sign and took it somewhere else. Than she can sue the company, the company can sue the kid... I'm telling you: Next thing you know the world is full of "Caution: Wet Floor" signs. Sorry, that's the way it is here. If you get bit by your friends dog you need to file a suit, blame it on the insurance companies. If you don't do this and take care of yourself you could run into problems. Yes, some people are sue happy and will step on your property and fall on purpose...I have a problem with that. Falling in a store because they had a spill is on them. Yes, it was an accident but that's why everyone in the US has insurance. It's just the way it is  | |
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eikonoklastes said: Jochem said: I don't understand some of you.
It's like you are saying she should sue just because she can. Americans don't know better ( ) and because eveyrone's suing everyone and no insurance company wants to pay for anything, so you just get dragged into that shit or else you end up paying for your own medical expenses. It's a mentality many non-americans have a hard time understanding. [Edited 7/29/08 8:24am] | |
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JustErin said: eikonoklastes said: Americans don't know better ( ) and because eveyrone's suing everyone and no insurance company wants to pay for anything, so you just get dragged into that shit or else you end up paying for your own medical expenses. It's a mentality many non-americans have a hard time understanding. [Edited 7/29/08 8:24am] Many americans don't get it either. |
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So the story about that woman sueing the microwave company for not stating she shouldn't put her dog into the damn thing to have it dried after a wash like she did with the oven, might be true afterall. | |
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I see a bright future here:
Cars that have signs warning you to drive carefully. Traffic lights that warn you for cars that can ignore the red light and hit you while crossing. Restaurants that have signs stating that eating is at your own risk and their personnel has not been trained to perform a Heimlich should you need one. | |
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Jochem said: Ok, I'm getting carried away here.....
Yes you are Jochem. Now stop it...  | |
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Jochem said:  A working class Hero is something to be ~ Lennon |
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moderator
wow, well, this is an interesting debate...
fact is, the spill i warned him about the day before was on the OTHER side of the store. it was no where near the place i fell. they called the ambulance BEFORE they even came to see me, i had no choice in that part. my ankle was swelling already - so they said i needed to have it checked out. this morning i went to the orthopedic (sp?) doctor to have it reevaluated, its a nasty sprain, he confirmed about 6 weeks to recover, i am still in the splint - moving to an air cast sometime this week. on crutches for the next week to three weeks. and see him again in 2 weeks. im sorry that it happen, just like everyone else... but the thing is, i am here by myself with the kids and things here are falling apart. yesterday i took a heavy dose of pain meds and got on one crutch to try and get some things done around the house. doctor said that is why i am in so much pain today and to keep off it COMPLETELY and keep it elevated above my heart. now, im a nice gal and all.... and mistakes happen. but this is stupid. this is the end of the summer for my kids and we are not going to the pool, the movies, out to eat, school shopping or anything else that mommas are doing with their kids now. its my right foot so i cant drive. who SHOULD be responsible? they knew (because of the statement made) that it was leaking - yet gave no warning.... how many of you walk through the grocery store staring at the ground watching for water???? i dont want to be known as the lady that sues for no reason, but in this case, i have been hurt and i will be for awhile.... they can do something for my family and i. One of the best days of my life... http://prince.org/msg/100/291111
love is a gift 
an artist with no fans is really just a man with a hobby.... | |
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nakedpianoplayer said: i dont want to be known as the lady that sues for no reason, but in this case, i have been hurt and i will be for awhile.... they can do something for my family and i. You have a reason. This is the way things work here, put in a claim and get what you deserve. Most people here who disagree are not from the US so they don't know how it works, understandable. It's shitty, especially for people who abuse it but you're not. Do what you gotta do and f what other people think. Oh and get well soon!  | |
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CarrieLee said: nakedpianoplayer said: i dont want to be known as the lady that sues for no reason, but in this case, i have been hurt and i will be for awhile.... they can do something for my family and i. You have a reason. This is the way things work here, put in a claim and get what you deserve. Most people here who disagree are not from the US so they don't know how it works, understandable. It's shitty, especially for people who abuse it but you're not. Do what you gotta do and f what other people think. Oh and get well soon! thank you sweetie 
i appreciate that.... One of the best days of my life... http://prince.org/msg/100/291111
love is a gift
an artist with no fans is really just a man with a hobby.... | |
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i wouldn't sue. I'd ask them to pay my medical and that's it. As a result of being a sue happy society, the prices of many things have gone up.
I am correct in understanding that this spill was in the same place as the previous night? If it were me, I'd been lookign for it. | |
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Stymie said: i wouldn't sue. I'd ask them to pay my medical and that's it. As a result of being a sue happy society, the prices of many things have gone up.
I am correct in understanding that this spill was in the same place as the previous night? If it were me, I'd been lookign for it. no, again, the first spill was on the other side of the store... i only mentioned it because it was the same manager both nights and i thought it was crazy that he was the one that turned the corner. you could tell in his eyes that he was like 'oh fuck!' had i known that the water was there, i would have watched for it - you are correct. One of the best days of my life... http://prince.org/msg/100/291111
love is a gift
an artist with no fans is really just a man with a hobby.... | |
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nakedpianoplayer said: Stymie said: i wouldn't sue. I'd ask them to pay my medical and that's it. As a result of being a sue happy society, the prices of many things have gone up.
I am correct in understanding that this spill was in the same place as the previous night? If it were me, I'd been lookign for it. no, again, the first spill was on the other side of the store... i only mentioned it because it was the same manager both nights and i thought it was crazy that he was the one that turned the corner. you could tell in his eyes that he was like 'oh fuck!' had i known that the water was there, i would have watched for it - you are correct.
I still would not sue though. | |
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Jochem said: I'm telling you: Next thing you know the world is full of "Caution: Wet Floor" signs. The US is full of "Caution: Wet Floor" signs  That's just the way it is.
I remember about 10 years ago I was working for an American company (mind you, I'm in IT, not cleaning ) and we had a stash of similar signs that we had to put up when we opened the floor for cabling or when we had to change a harddrive in a server (the server slides about 1m out of the rack). For every intervention we had to file a 'risk' report where we identified risks and counter-measures we were taking. That was just the way it was. Liability is taken serious in the US. Come to think of it, in Europe we don't take risk and liability serious enough ... and that in itself is a bad thing too ...
I might have said this before, that company even had boxes with wipes for your glasses in every corridor ... just so they weren't liable if you fell because your glasses were dirty.
When I was in the US, there was a sign on my rear view mirror saying "things in the mirror are nearer than they seem" or something like that 
And then there's the microwaves, freezers, light bulbs, ... | |
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Stymie said: i wouldn't sue. I'd ask them to pay my medical and that's it. As a result of being a sue happy society, the prices of many things have gone up.
I am correct in understanding that this spill was in the same place as the previous night? If it were me, I'd been lookign for it. It's not like she's asking for a million dollars. Technically she has to file a claim to get this taken care of unless she lies about how she sprained her ankle. It's the way insurance works here Most likely only the medical bills will be taken care of, the way it should be. A little bit of compensation would be nice for aggravation of it all but again, not asking for big money here people! | |
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Why does this shit only happen to you? It isn't the load that breaks us down, it's the way we carry it. | |
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CarrieLee said: nakedpianoplayer said: i dont want to be known as the lady that sues for no reason, but in this case, i have been hurt and i will be for awhile.... they can do something for my family and i. You have a reason. This is the way things work here, put in a claim and get what you deserve. Most people here who disagree are not from the US so they don't know how it works, understandable. It's shitty, especially for people who abuse it but you're not. Do what you gotta do and f what other people think. Oh and get well soon! co-sign hmm ... I can only speak for Belgium, but here everybody and every company has to be insured too, but it rarely comes to lawsuits because insurance companies don't act all shitty. If a person walks by my house and falls because I just cleaned there. He'll ring, we fill in papers and file them. My insurance company will pay his expenses and hurt. Simple huh. From what I know, the default answer of an insurance company in the US is 'no' and isn't that the main reason why lawsuits are more common ?? | |
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eVeRsOlEsA said: Why does this shit only happen to you?
girl if i HAD the answer for that shit 
thats all i kept saying to myself on the drive to the hospital... this summer has been so horrible with injuries, i really, REALLY thought we were on the mend and ready for school to start - this was NOT in my plans! One of the best days of my life... http://prince.org/msg/100/291111
love is a gift
an artist with no fans is really just a man with a hobby.... | |
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nakedpianoplayer said: eVeRsOlEsA said: Why does this shit only happen to you?
girl if i HAD the answer for that shit
thats all i kept saying to myself on the drive to the hospital... this summer has been so horrible with injuries, i really, REALLY thought we were on the mend and ready for school to start - this was NOT in my plans! I know hun sorry you've been dealing with a lot lately It isn't the load that breaks us down, it's the way we carry it. | |
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eVeRsOlEsA said: nakedpianoplayer said: girl if i HAD the answer for that shit
thats all i kept saying to myself on the drive to the hospital... this summer has been so horrible with injuries, i really, REALLY thought we were on the mend and ready for school to start - this was NOT in my plans! I know hun sorry you've been dealing with a lot lately its ok, i guess its in my cards for right now, this to shall pass, right? how have you been? things going ok for you? One of the best days of my life... http://prince.org/msg/100/291111
love is a gift
an artist with no fans is really just a man with a hobby.... | |
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nakedpianoplayer said: eVeRsOlEsA said: I know hun sorry you've been dealing with a lot lately its ok, i guess its in my cards for right now, this to shall pass, right? how have you been? things going ok for you? I'm getting better, mentally and physically lol. Trying to find a new place to live, which isn't working out too well. The boys are amazing and getting taller then me . The older two are in high school, which makes me feel that I'm not old enough to have kids in 9th and 11th grades. It isn't the load that breaks us down, it's the way we carry it. | |
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CarrieLee said: It's not like she's asking for a million dollars. Technically she has to file a claim to get this taken care of unless she lies about how she sprained her ankle. It's the way insurance works here
Most likely only the medical bills will be taken care of, the way it should be. A little bit of compensation would be nice for aggravation of it all but again, not asking for big money here people!Ok, so maybe there is some hope left for the world. I just don't understand that so many people accept this because it is just the way it is. You have to understand that its the other way around. It is the way it is because everyone accepts this as the way it is.
There is no way back you know if you keep thinking that it is just the way it is... What is aggravation worth nowadays anyway? | |
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get a free consultation with a lawyer.... or contact the management formally and ask them if they are going to cover any bill you get. My art book: http://www.lulu.com/spotl...ecomicskid
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eVeRsOlEsA said: nakedpianoplayer said: its ok, i guess its in my cards for right now, this to shall pass, right? how have you been? things going ok for you? I'm getting better, mentally and physically lol. Trying to find a new place to live, which isn't working out too well. The boys are amazing and getting taller then me . The older two are in high school, which makes me feel that I'm not old enough to have kids in 9th and 11th grades. girl, i know what you are saying there! my little jacob is now eye to eye with me  and when people call the house and jake answers, they all ask who my new boyfriend is
seems like just yesterday they said "its a boy" and handed me my lil bundle of joy 
glad things are going better for ya One of the best days of my life... http://prince.org/msg/100/291111
love is a gift
an artist with no fans is really just a man with a hobby.... | |
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nakedpianoplayer said: eVeRsOlEsA said: I'm getting better, mentally and physically lol. Trying to find a new place to live, which isn't working out too well. The boys are amazing and getting taller then me . The older two are in high school, which makes me feel that I'm not old enough to have kids in 9th and 11th grades. girl, i know what you are saying there! my little jacob is now eye to eye with me and when people call the house and jake answers, they all ask who my new boyfriend is
seems like just yesterday they said "its a boy" and handed me my lil bundle of joy
glad things are going better for ya I got the same thing at this pizza place when I took my oldest out for dinner. This one woman is like, you two make a cute couple. I said thanks but this is my son Then I got the whole "you don't look old enough" bs  It isn't the load that breaks us down, it's the way we carry it. | |
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