lawsuit question

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Originally Posted By: Al
Maybe its time to rethink the scooter thing. Most of the scooters I see being used are people that have allowed them selves to get so fat they can't walk.. ..drives me nuts.


AGREED ! i was thinking this, you said it first.
 
Originally Posted By: OtisBlkR1
Originally Posted By: Al
Maybe its time to rethink the scooter thing. Most of the scooters I see being used are people that have allowed them selves to get so fat they can't walk.. ..drives me nuts.


AGREED ! i was thinking this, you said it first.


And how do you guys know this? By making a visual assessment? Have you ever asked them why they are in this condition?

That is a very naive, inconsiderate, and judgmental generalization to make. I used to think the same way when I was young and dumb.

I have a good friend that is now overweight and has handicapped parking status. To see him get out of his car and walk to the store (with apparent ease) one would wonder if he was abusing the system due to his own negligence.

However, his conditions are the result of a car accident a few years ago. His knees and joints give him severe crippling pain and his health conditions have made it nearly impossible to control his weight. He's on medications up the wazoo.

So, to lump everyone together with the ones that Do abuse the system and "allow" themselves to get this way irritates me a bit.

Please don't be so quick to judge. This reminds me of the thread here a year ago about people irritated at wheelchair people that get special priority to go through the airport lines first. GRRRRRRR.
 
When I was using the scooters last December I am sure I looked fine. However, walking through stores, even hanging on a shopping cart, was too much. For once I appreciated the annoying things. But, to most people I probably looked like I was misusing something meant for the elderly and handicapped. There were plenty of times while I was healing that I wished I had a handicapped parking sticker.

I will park farther out in the parking lot just to get the exercise, and avoid dings.

Many obese people claim the gain weight no matter how little they eat, an impossible claim. We should let this discussion go into how diet drinks increase appetite and obesity, or is that a new topic on a different forum? Or, we could discuss the people in motorized wheelchairs who think they can go anywhere a car can go.

I think OP has gotten a lot of good thoughts from all sides of the issue and looks like he is taking the right approach in seeking a resolution.
 
Originally Posted By: PR1955
I agree. The "victim" should be compensated for any and all medical expenses, but a lawsuit ? I am sure there is some pain and discomfort involved, but it was an ACCIDENT !


Originally Posted By: ryansride2017
Secondly, "P00P" happens. Sometimes you are in the wrong place at the wrong time. I must be getting old as well because it is utterly disappointing to see so many people say "lawyer up".


Wow, I must say I'm slightly shocked at the responses on here of "eh, just shrug it off".

Back in '07 I was at O'Hare airport unloading luggage from the trunk of my father in laws car so my wife an I could leave for a trip. Some moron in a hurry because he was running late pulled up behind us and hopped out of his S10 Blazer. His wife was in the passenger seat and was apparently going to take the vehicle home. The aforementioned moron was in such a hurry that he didn't put the vehicle in park. It rolled forward. I was still unloading when I piece of luggage toppled into my leg. I pivoted sideways to stand the suitcase back up which is the only thing that saved both of my legs from getting trapped between his front bumper and the rear bumper of my FIL's car. At that point I start yelling in pain. The moron panics, jumps back in his car and hits the brake - except it was the gas - and I look down watching my leg being crushed between the plastic bumper cover of my FIL's car and the steel front bumper of the S10. I'm screaming and beating dents into the hood of his S10 with my fist which he finally backs up. I stumble to the sidewalk and collapse as I start to go into shock. Cops and ambulance come. They ticket him and off I go to the hospital.

Thankfully no broken bones as the bumpers were the same height but I had a lot of soft tissue damage. Oh did I mention the flight we were supposed to get on was for our honeymoon as we were just married the previous day.

The next day, on a heavy dose of painkillers we made it to Maine for our honeymoon. While there I had to go to the ER again as the tissue damage was much more extensive than it first appeared. Ended up on IV antibiotics as a prophylactic as well as an ultrasound over concern about blood clots. I had an area of skin the size of my palm that was damaged on both sides of my my leg about 3 inches below the knee. The skin started sloughing off/sticking to the bandages as well... yummy.

Seaside motel room and yet no swimming in the ocean, no kayaking trip, but thankfully no need to use crutches but walking was painful. I had to spend most of my week with my leg elevated. Oh and considering it was a honeymoon trip - something else was out of the question
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as well because my leg couldn't handle being jostled.

It took about 2 months to heal completely. I still have a "dent" on both sides of that leg in the tissue along with some lovely scarring that looks like someone took a cheese grater to my leg at one point.

The insurance company settled immediately as soon as I mentioned the word attorney. All medical bills paid, plus a decent chunk of change for the permanent disfigurement as well as "pain and suffering" particularly in light of the honeymoon situation. They guy also ended up losing his license for a year because of that action and his past driving record.

But according to some here I should have just sucked it up, groveled at the feet of the insurance company in thanks for being so kind to just pay my medical bills and chalked the rest up to "oops poo happens."

Oh and this is what "just" soft tissue damage looks like.

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Day after the incident... doesn't look too bad right?

Several days later once the real extent of the damage starts to show up...
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Nobody has said that the OP should suck it up and be out of pocket, just that getting injured through no fault of your own shouldn't be a defacto "lottery".

People want tort reform...it's gets your costs covered, pure and simple.
 
I think more often than hitting the lottery most injury victims are inadequately compensated as it is already. Tort reform would just mean injured parties not being fairly compensated and a lot more people injured since it's "cheaper" than safety, among other things.
 
Originally Posted By: buickman50401
Wow, I must say I'm slightly shocked at the responses on here of "eh, just shrug it off".


S10 Blazer >> Costco scooter!
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It just doesn't sound like there are any serious or permanent injuries involved in this Costco situation. I do believe that people should be well compensated for any permanent or long-term verifiable effects resulting from negligence.

I was injured far worse than you through the negligence of another driver and received nothing for pain and suffering, nor do I think I should. But if it had happened within a system where I'd be entitled to such a thing, I'd have gladly taken as much as I could get. I did receive a bit of compensation for permanent scarring and minor loss of range of motion, based on standard criteria, but nothing arbitrary and nothing big. You'd certainly be entitled to compensation for the value of your trip and your vacation time under such a system. My only complaint is that the negligent driver was allowed to keep his license. I think he should have been off the road for at least the two years that it took for me to fully heal.
 
Originally Posted By: Shannow
Nobody has said that the OP should suck it up and be out of pocket, just that getting injured through no fault of your own shouldn't be a defacto "lottery".

People want tort reform...it's gets your costs covered, pure and simple.

Does costs covered include permanent disfigurement and disability or only medical expenses?

As mechanix said a large part of the dollars in gross negligence cases are punative to make it expensive for those who willingly risk the safety of others.

Car makers and their bean counters have done so in the past. Cheaper to pay out a few settlements than make the product safe. That is where the high dollar punative setlements come in.

Now I do agree with tort reform in the medical field as medical proceedures carry inherent risk. Gross negligence or incompitence should be grounds for a suit but oridinary/forseen complications should not.
 
Well when you get tort reform, you get it for everything insurable

Bloke at work had his son backed over by a geriatric...nearly killed him. Was forced to sign off that his son was "better", when there was no way of knowing how he would go as an adult.

Another guy t-boned on his motor bike at an intersection, was fighting with HIS insurance company as to whether he'd authorised the ambulance drivers to cut it off or they did it on their own.

Like Al says...you take your chances.

You get "compensated" once you are 15 (soon to be 25%) permanently disabled...an eye is 10% so suck it up.

And medical and insurance costs have dropped not an iota, going up at 7% p.a. as if this "reform" never happened.
 
In your case I don't think you should have "sucked it up". You suffered permanent disfigurement, and severe pain and "inconvenience" at what should have been the most enjoyable time of your life. Severe injuries are are not the same as some minor bruising . If the scooter "victim" sustained SERIOUS injury, or debilitating pain, the he should also be entitled to a settlement over and above medical bills. It just seemed as if many here are quick to yell "lawsuit" for any injury, no matter how severe it may or may not be.
 
Originally Posted By: doitmyself
Originally Posted By: OtisBlkR1
Originally Posted By: Al
Maybe its time to rethink the scooter thing. Most of the scooters I see being used are people that have allowed them selves to get so fat they can't walk.. ..drives me nuts.


AGREED ! i was thinking this, you said it first.


And how do you guys know this? By making a visual assessment? Have you ever asked them why they are in this condition?




No, and your right! lumping everyone into one pile is not fair, when the comment was made it automatically made me think of the dozens ive watched abuse the system, For every one person that needs the scooter, im sure theres one that wants a free ride..
 
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