[quote]BeefEater wrote:
Got to talk to the GM of the Sapp Bros. this happened at. He seemed like a good guy, made it pretty clear their intention was to take care of me. Also went to the Dr. and he diagnosed a concussion/post-concussion syndrome. Typical recovery time is 10-12 weeks and he recommended I lay off the weights in that time. Shitty deal but what can you do. Biggest issue I can see will be my night classes. Sitting and concentrating for 4 hours plus homework won’t be easy right now.[/quote]
If Sapp Bros is willing to take care of the medical bills and give you a bit more for your pain and suffering I would take it, but make sure you are 100% back to normal. You will not have to sue. You have a 2 year statue of limitations, so if they are not paying the medical bills by then you will have to sue to make sure they pay. Get something in writing from Sapp Bros. Protect yourself first. I hate sueing because it will take 4 years to get payment.
I had to sue when my car was hit and their insurance company refused to pay for the damage. It took 4 years for them to pay. Suing slows everything down, but sometimes you have to. I waited 2 years before suing and it took another 2 years to get payment.
[/quote]
I really, really don’t want to sue. I hope it all goes smoothly but we’ll see.
Did they scan your cat? I’d be wary of brain bleeds. My buddy got sucker-punched after a concert a few years back and hit his head on the curb on the way down. Ended up with a brain hemorrhage that nearly fucked him up very bad. He’s fine now though.
The gas station should cover all medical, lost wages, and P&S; hard to put a $$$ value on that last one though. Even moreso if you settle quickly.
[quote]Steel Nation wrote:
Did they scan your cat? I’d be wary of brain bleeds. My buddy got sucker-punched after a concert a few years back and hit his head on the curb on the way down. Ended up with a brain hemorrhage that nearly fucked him up very bad. He’s fine now though.
The gas station should cover all medical, lost wages, and P&S; hard to put a $$$ value on that last one though. Even moreso if you settle quickly.
[quote]Steel Nation wrote:
Did they scan your cat? I’d be wary of brain bleeds. My buddy got sucker-punched after a concert a few years back and hit his head on the curb on the way down. Ended up with a brain hemorrhage that nearly fucked him up very bad. He’s fine now though.
The gas station should cover all medical, lost wages, and P&S; hard to put a $$$ value on that last one though. Even moreso if you settle quickly.
A-Rod: you disgust me.[/quote]
No CT scan. He did some basic neurological testing and I’ll followup with him in two weeks. Did your friend have any symptoms that maybe I should look out for?
[quote]Steel Nation wrote:
Did they scan your cat? I’d be wary of brain bleeds. My buddy got sucker-punched after a concert a few years back and hit his head on the curb on the way down. Ended up with a brain hemorrhage that nearly fucked him up very bad. He’s fine now though.
The gas station should cover all medical, lost wages, and P&S; hard to put a $$$ value on that last one though. Even moreso if you settle quickly.
Don’t settle anything until you know the extent of your injuries. If complications persist for more than the expected 10-12 weeks, you will probably need a lawyer to help evaluate the value of your claim. Also, if you settle early and then discover your injuries are more complicated or even permanent you are shit out of luck. Doctors are sometimes wrong and miss something so make sure you are all healed up and it is, in fact, only a temporary injury.
[quote]A-rod wrote:
My advice is go to the ER as soon as possible. Get whatever sort of scan. They will likely find nothing but it doesn’t matter. Then follow up with a meeting at neurologist office. Don’t downplay your symptoms. I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it. If you have sick leave. I would take it. Maybe now you start having the worst migraines ever when you never had them before and you get them weekly. All I am saying is this guy probably has insurance that covers this and him and his shop really are at fault here.
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
We ALL think your “friend” is a BITCH. This is why everyone’s insurance premiums are so damn high. Fraud and abuse of claims.
[quote]Brett620 wrote:
Be wary if this fall under the “acts of God” clause in their insurance. Then you are S.O.L.
Sorry[/quote]
40 MPH winds are predictable in most places. The issue will likely be whether the structure was adequately designed to withstand normal winds; whether there was a negligent maintenance of the structure or a negligent failure to inspect it; or if they otherwise failed to take some other reasonable precaution, like roping off the area and keeping customers out of an area that wasn’t designed to withstand 40 MPH winds. They may not have been negligent and may have other defenses, but “act of god” is typically reserved for unforeseeable events.
[quote]Brett620 wrote:
Be wary if this fall under the “acts of God” clause in their insurance. Then you are S.O.L.
Sorry[/quote]
40 MPH winds are predictable in most places. The issue will likely be whether the structure was adequately designed to withstand normal winds; whether there was a negligent maintenance of the structure or a negligent failure to inspect it; or if they otherwise failed to take some other reasonable precaution, like roping off the area and keeping customers out of an area that wasn’t designed to withstand 40 MPH winds. They may not have been negligent and may have other defenses, but “act of god” is typically reserved for unforeseeable events. [/quote]
Hurricanes are foreseeable and I always thought they were included under acts of god, is that incorrect?
[quote]Brett620 wrote:
Be wary if this fall under the “acts of God” clause in their insurance. Then you are S.O.L.
Sorry[/quote]
40 MPH winds are predictable in most places. The issue will likely be whether the structure was adequately designed to withstand normal winds; whether there was a negligent maintenance of the structure or a negligent failure to inspect it; or if they otherwise failed to take some other reasonable precaution, like roping off the area and keeping customers out of an area that wasn’t designed to withstand 40 MPH winds. They may not have been negligent and may have other defenses, but “act of god” is typically reserved for unforeseeable events. [/quote]
Hurricanes are foreseeable and I always thought they were included under acts of god, is that incorrect? [/quote]
“Act of god” can mean different things in different contexts, and I suspect now you are getting into more complicated insurance coverage questions. Coverage questions/contractual indemnity questions are not necessarily resolved the same way as third-party liability questions. An “act of god” defense is generally a different animal vis-a-vis a third party liability claim than a coverage question, which depends on how the policy defines things like act of god and whether it excludes or specifically includes certain natural disasters.
I don’t really have the time to go into all the nuances–which are specific to local jurisdictions anyway and may vary–but the basic third-party liability question is did a person with a duty to act reasonably to me do so, and “act of god” is just one way of expressing the concept that a person doesn’t have a duty to anticipate extremely unusual events or isn’t negligent if they don’t so anticipate. If I was defending a third-party liability claim I’d personally always couch the defense in terms of foreseeability because “act of god” is really a loosey-goosy concept that gets tossed around without adding much to the analysis.
[quote]A-rod wrote:
I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it.[/quote]
Seems to me like you are a scamming piece of trash.[/quote]
[quote]Steel Nation wrote:
Did they scan your cat? I’d be wary of brain bleeds. My buddy got sucker-punched after a concert a few years back and hit his head on the curb on the way down. Ended up with a brain hemorrhage that nearly fucked him up very bad. He’s fine now though.
The gas station should cover all medical, lost wages, and P&S; hard to put a $$$ value on that last one though. Even moreso if you settle quickly.
A-Rod: you disgust me.[/quote]
No CT scan. He did some basic neurological testing and I’ll followup with him in two weeks. Did your friend have any symptoms that maybe I should look out for?[/quote]
I don’t remember; I wasn’t there and it was 4-5 years ago. I just remember the aftermath…
I would highly recommend a CAT Scan and MRI, not only of your head but also your neck. I honestly don’t see why the Dr. your visited just kind of shrugged it off. You got hit on the head by something with enough force to knock you down and cause what you’re describing. Def get your brain and spine checked out, especially the cervical vertebrae. Those symptoms your describing could be a pinched nerve in your neck and are a pain in the ass to deal with(numbness, pain, etcc)… Not to scare you, but that shit ain’t fun or cheap to fix. Also, building codes pretty much anywhere have a structures wind capacities above 100mph.
I am indeed a bitch. Thanks for reminding me. In all seriousness though I was just giving Beef Eater a different perspective on how he could go about doing things. It does seem to me that he was hurt and at the very least had a concussion. I do not know what sort of precedents are set for this kind of thing where he lives. The way it works where I live you are likely not going to get any sort of compensation that you deserve if you don’t exaggerate your claim. I have been through it before. I was hit by a truck when I was sixteen. The kid had literally just been issued his license and was driving with his girl which is illegal on a provisional license. I was walking with friends and after he hit me he drove me to my house bleeding from my head. I went and got scans had to see a neurologist went to the ER a few days later because as the brain swelling came down I began hallucinating and vomiting. Make a long story short that kid kept his license with no repercussions and I received nothing but a pretty dope scar on my forehead and wrists from where I slid across the pavement. So suffice it to say I have little faith in being honest with the system because when you are honest it hardly works out in your favor but by all means be disgusted by me and call me a bitch.
For the record it was not me that fell at Mcdonalds I have never received any sort of settlement from suing someone.
[quote]csulli wrote:
[quote]A-rod wrote:
My advice is go to the ER as soon as possible. Get whatever sort of scan. They will likely find nothing but it doesn’t matter. Then follow up with a meeting at neurologist office. Don’t downplay your symptoms. I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it. If you have sick leave. I would take it. Maybe now you start having the worst migraines ever when you never had them before and you get them weekly. All I am saying is this guy probably has insurance that covers this and him and his shop really are at fault here.
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
Lol, you’re a bitch dude[/quote]
[quote]A-rod wrote:
I am indeed a bitch. Thanks for reminding me. In all seriousness though I was just giving Beef Eater a different perspective on how he could go about doing things. It does seem to me that he was hurt and at the very least had a concussion. I do not know what sort of precedents are set for this kind of thing where he lives. The way it works where I live you are likely not going to get any sort of compensation that you deserve if you don’t exaggerate your claim. I have been through it before. I was hit by a truck when I was sixteen. The kid had literally just been issued his license and was driving with his girl which is illegal on a provisional license. I was walking with friends and after he hit me he drove me to my house bleeding from my head. I went and got scans had to see a neurologist went to the ER a few days later because as the brain swelling came down I began hallucinating and vomiting. Make a long story short that kid kept his license with no repercussions and I received nothing but a pretty dope scar on my forehead and wrists from where I slid across the pavement. So suffice it to say I have little faith in being honest with the system because when you are honest it hardly works out in your favor but by all means be disgusted by me and call me a bitch.
For the record it was not me that fell at Mcdonalds I have never received any sort of settlement from suing someone.
[quote]csulli wrote:
[quote]A-rod wrote:
My advice is go to the ER as soon as possible. Get whatever sort of scan. They will likely find nothing but it doesn’t matter. Then follow up with a meeting at neurologist office. Don’t downplay your symptoms. I hate to sound like a scamming piece of trash but you could easily collect some money from this depending on how you play it. If you have sick leave. I would take it. Maybe now you start having the worst migraines ever when you never had them before and you get them weekly. All I am saying is this guy probably has insurance that covers this and him and his shop really are at fault here.
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
Lol, you’re a bitch dude[/quote]
[/quote]
So you weren’t condoning the McDonald’s settlement despite no real injuries? Uh huh. Sorry, pal. Your colors have already been exposed.
Did your Doc check for muscular/skeletal injury. My friends mom got into a car accident and months later her neck and upper back where to fucked up to work ever again. She had to give up her small business.
I would definitely retain a lawyer… the best local one with a proven track record. I did that for my 2011 car accident where I was injured and it paid off. Once you have a lawyer everyone treats you a lot differently. They may even offer a token settlement right away, which you should refuse. The other insurance tried that right after my accident. These people were calling me 2X a day and coming to my house. That’s when I retained a lawyer.
You may have injuries that haven’t shown up yet. If you miss work or have to take a semester off from school, you should be compensated for your losses. The lawyer will find out how you should be treated medically and you may have zero out of pocket expenses instead of using your own medical.
[quote]A-rod wrote:
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
This is giving the OP a ‘different perspective’? I guess that’s accurate, if what you’re saying is you’re giving him the perspective of someone who abuses the system and contributes to the shittiness that everybody else has to deal with. That’s certainly a different perspective.
[quote]A-rod wrote:
I personally know someone who “fell” at a Mcdonalds once. He really did fall and it was there fault for some reason but I don’t think he was seriously injured anyways six months later he received a forty thousand dollar settlement. [/quote]
This is giving the OP a ‘different perspective’? I guess that’s accurate, if what you’re saying is you’re giving him the perspective of someone who abuses the system and contributes to the shittiness that everybody else has to deal with. That’s certainly a different perspective.[/quote]