Should I sue?

[FTW]

My job has me working in peoples backyards all of the time. The other day I was in some guys yard and a tree branch fell on me. A big branch, about 10 inches in diameter. It split my head open, I'm stitched up like a baseball right now, have a concussion, and a broken nose.
This guy has more money than anyone on this board will see in ten lifetimes, so I could make this a nice payday and retire. But, I'm really thinking of just putting this under the heading of shit happens.
Any suggestions as to what I should do?

[TheMojoPin]

How the fuck is he going to be responsible for nature taking its course? You're right, definitely "shit happens"...ACT OF GOD.

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[FTW]

How the fuck is he going to be responsible for nature taking its course?


That's what I thought too, but my lawyer uncle says he's still responsible. I don't know how, but he is. Then again McDonalds was responsible for some dumb ass spilling coffe on herself.

[GaryWyze]

How the fuck is he going to be responsible for nature taking its course? You're right, definitely "shit happens"...ACT OF GOD.

<font color=purple>Actually, it's not that simple. Branches, especially ones large enough to cause that kind of damage, rarely break so suddenly or absent something breaking them.

That doesn't mean it couldn't have happened, but it's also possible that the property owner had been warned that the tree wasn't structually sound or perhaps this wasn't the first time something like this has happened. The only way to find out for sure might very well be to involve an attorney.

I too think it sucks that we live in such a sue happy society, but dismissing this as "shit happens" without a little fact finding first, seems like a mistake to me.

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[reeshy]

Take the pain! TAKE THE PAIN!!!!!!!

Seriously though, GaryWyze is right. You don't know what the history of this case is. Also, I don't know what kind of compensation package you have. Are you going to lose any wages due to lost time? Who's paying for the medical bills? Not to scare you either but will there be any long-term medical problems arising from this injury?
Don't sell yourself short- consult an attorney well versed in this field (and not a relative-no matter how good he may be)

Good luck and I hope you feel much better real soon!

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This message was edited by reeshy on 4-19-03 @ 9:04 PM

[TheMojoPin]

Yeah, Gary's right, if the owner did have prior knowledge that there was ANYTHING wrong with that tree, he shouldn't have been letting anyone work under it...

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[Cybersoldier]

since it occured on the rich guy property he is responsible if I remember correctly. The owner is indirectly responsible (the tree and the branch), like mcdonalds was indirectly responsible when the dumb ass split her coffee on herself.

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[TheMojoPin]

Personally, if it was me, I'd sue the guy for the medical costs and estimated money lost while you've been laid up and not much else. But that doesn't seem likely.

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[ADF]

Suck it up. Your employer should pay your medical expenses and give you some time off if you need it. I don't see how your life was irreparably harmed. Who the fuck checks their tree branches?

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[FiveB247]

Sue the shit out of them. It could be your only chance in life to live it up without having to bust your ass for others and not get f'ed in end for all your hard work. Get what is coming to you and be satisfied you weren't more seriously hurt or injured.

[Bama]

Sue the bastard for all he's worth. It's a win-win. You get a personal injury lawyer and you don't have to pay a dime if you lose. If you win he gets his cut but you still come out pretty good.

Btw - McDonalds sold coffee like 10 degrees hotter than any other chain. The lady had burns that put her in the hospital for weeks. It's not as frivolous as everyone likes to make it sound.

Lawyers rule :)

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[Arienette]

fuck that. maybe it's the first year law student in me speaking, but how in the hell can you consider not suing? that's insane. whether your worker's comp pays your medical expenses and stuff, there's more damage than that. i'm sure it was exceedingly painful, and that you're not feeling super comfortable right now. this guy's got big piles of money just sitting around? cash in. you didnt do this to yourself, it happened to you. you should be compensated. and before everyone gets pissed...

1 - most of you people would do the same thing if you were in FTW's position. say whatever you want now, but there's a reason why there are so many lawyers in this country. if you had gotten your head slipt open, your nose broken, and a concussion that all were completely not your fault, i have the feeling you'd want to be paid, too.

2 - this is not what i would strictly term an act of god. i dont really know anything about trees, but shit like this can happen. people need to be responsible for things that they have on their property so that people visiting don't get hurt. if they do, there's a good chance they will be held liable. and i'm sure someone with so much money has lawyers and stuff who know that.

3 - maybe it's wrong to categorize like this, but this guy can afford it. i dont know that i'd suggest you go after someone just scraping to get by (apart from the fact that they wouldnt have much to pay you anyway). but someone so well off can afford to compensate you for what you went through, and should have taken the necessary precautions to insulate himself if it meant to much to him.

so, that's my (probably unpopular) opinion. maybe i can do this lawyer thing after all...

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[TheMojoPin]

So I'll ask, why not just sue this guy for the medical cost and the estimated income lost while being injured and maybe a little more? I don't "get" how people jump to such huge figures...

My parents were tied in court for almost two years when I was a kid because we had hired a roofer to come fix a "soft spot" in our roof that my dad had spotted from in the attic. My dad specifically pointed out the spot, said it looked like it was about to collapse, and later the douche goes and steps on it anyways, falls through, and ends up trying to sue us for several hundred thousand dollars, and wouldn't drop it even after we offered to pay all medical expenses and an entire year's worth of estimated income, even though he was only off of work for a good five months.

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[Dewey]

Talk with an attorney, and a good one. The consultation costs you nothing. If the attorney takes the case, that will cost you nothing either; his or her fee will be a hefty percentage (33 1/3) of the settlement. By writing if off, you are just helping insurance companies add to their bottom line. You may have hit the lotto. And noone has to know your brains were addled before the tree branch hit you. :)

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[Shecky]

The thing about consulting an attorney is that for every three that say you don't have a case, there's always gonna be a shcmuck that thinks you do.

Hey it's America people sue for everything nowadays.

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[East Side Dave]

It split my head open, I'm stitched up like a baseball right now


I'd sue for it splitting your head open. But I kinda would like to have a Baseball Head. I love sports.

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[FTW]

But I kinda would like to have a Baseball Head.


No you don't, trust me. It looks awful, hurts like hell, and my hair will never part right.

Anyway, it sounds like most people are recommending that I make the most of this. So, I'll see what I can do. I'll get some sleazy lawyer and make myself a millionaire. Maybe not a millionaire, but I'll get something, at least lost wages.

1%er

[TheGameHHH]

Maybe this is the 2 years away from being a law school student in me talking but a branch fell down and you happened to be standing under it, thats all there is to it, get over it. I'm sick of people getting money in this country for stupid fuckin reasons, if I stub my toe on somebodys bed in their house, I'm not gonna sue them because they chose to have their bed in that spot, I'm a dumbass and stubbed my toe just like youre a dumbass (I don't mean that disrespectfully) for standing under a tree when that branch broke, it's part of life, shit happens move on. If the man hit you over the head with said branch and caused you the pain himself, then I can see suing, but right now youre deciding wheter or not you wanna sue nature and that's stupid.

But that doesn't mean I wouldn't defend you, I'm just saying if I was in that position I wouldn't sue. Silly billies

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This message was edited by TheGameHHH on 4-21-03 @ 12:15 AM

[Bama]

If the idea of suing for this makes you angry you better be heavily medicated when you take Torts.



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This message was edited by bamanation on 4-20-03 @ 8:59 PM

[FTW]

HHH, you'll never make it as a lawyer with that attitude. But let me guess, you're going to be a different kind of lawyer, honest and responsible.

The reason I'm hesitant to go out sue this guy is because he really didn't do anything and I have a hard time blaming him for my misfortune.

The only reason I'm considering it is because I know 99% of people out there wouldn't give it a second thought and go straight to a lawyer.
I'd kind of feel like an ass by not making the most of this, but I'd also feel like an ass if I did. That's why I'm asking for opinions. Of course my decision isn't going to be based solely on opinions from a message board

[FUNKMAN]

The homeowner should have Home Insurance and I imagine it would provide some type of coverage for an accident like this...
I would suggest talking with the homeowner and let him know that you are not looking to sue him, you would just like for him to report this to his Insurance company and maybe they can cover some or all of the Medical Expenses... They may provide some compensation as well for "pain and suffering"


Again, Insurance is there to cover for "accidents"...

I've had home insurance for 17 years now and used it for the 1st time, this year. I had gotten water in the basement and it ruined some rugs.


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[HordeKing1]

Just shy of 2 decades ago, my professor in Torts addressed the class on the first day of school. She said, "Anyone can sue anyone for any reason. The only issue is whether you can win and collect." The rest of the year was spent learning just that.

Needless to say, there is a lot of information missing from the description of the incident to determine whether a case can successfully be brought against the homeowner.

First off however, this was an on-the-job injury and Worker's Compensation is the governing law here. Any lost time is paid by your employers worker's compensation carrier (up to a statutory maximum. In NY it's 2/3 of your average weekly wage up to 400 a week - tax free). There is also a possibility of an award for a facial disfigurement up to $20,000 if you have a visible scar.

Suing the homeowner is called (surprisingly enough) a 3rd party suit. The worker's compensation carrier has a lein on all money paid out by the compensation carrier. For example if they paid out 4,000 in benefits and 10,000 in medical expenses, the first 14,000 of any award in the 3rd party action goes to them. Additionally, any furhter benefits they might have to pay due to your injury is given to them as a credit. So if your total award hypothetically was 20,000 and they already paid you 14,000, you have to incur another 6,000 in expenses before they resume payments.

Now for the more gritty stuff. Whose yard was the tree in (not the branch but the tree?) Was it visibly broken or work or cracked? Did your yardwork have anything to do with it falling? Would a reasonable person have noticed that there was something wrong with the branch? Were you supposed to be working in the part of the yard where the branch was? Was it an act of god (or more accurately, a random fluctuation in the quantum foam)? Was there lost time from work?

There are about two dozen other pertinent questions here. Best advice is to see a lawyer specializing in personal injury and tell him or her the entire story.

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[TheMojoPin]

Wow, HK's so good he just needs to post once to show how much the rest of us suck at doing this. Fuck.

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