I am a quadriplegic living on Social Security disability and a modest pension. I live in my own handicapped adapted home and receive health care from a local visiting nurse agency.
A nurse familiar with my home and its facilities claimed that she slipped over a chair in my room while my back was to her. This was a chair she was familiar with, but she said she walked backwards away from my bed during my care. She hopped within my view claiming an injury to her knee. She called her agency and reported that she couldn’t continue the remainder of her visits but did stay with me to complete my care, which was noncritical.
She claimed a disability leave from work under workman’s compensation, returned to work in light duty and was eventually laid off. Later, I was sued by her lawyer, who claims that she suffered a “career ending injury” from a “spinal cord injury,” although her original claim was for her knee. She is not satisfied with the limits of my home owners insurance and is pursuing all my assets including my home.
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12 Comments
Sarah said on December 24, 2009 at 12:05 am #
I am so sorry to hear this. This is just one more example of an out of control entitlement age. People get hurt and they immediately want to sue. I am really really sorry this is happening to you. I hope the court throws out her case.
Slip and fall settlements said on January 26, 2010 at 7:40 am #
Surely if she was walking backwards, the fault lies with her and you should have no liability
John said on June 10, 2010 at 1:41 pm #
And the reason we should believe you is…. what?
D.Harry said on September 9, 2010 at 4:53 pm #
My friend had 80 acres and 70 weapons (guns). No one ever sued him for some reason.
helena said on September 9, 2010 at 11:33 pm #
To suffer any type of injury from walking in to a chair I guess no one has children in this country anymore.You should see what the children at my house runn me into and I am sill not under any workmans comp just a housewhife my son just banged his 2 year old head into mine and I still have a bump…should I sue for facial disfiguration depression.How could your rooms furnishings be responcible or you is she in control of her body or perhaps that nurse should be in a nursing home.
Daniel said on October 6, 2010 at 1:58 am #
Wasn’t she an employee at the time, so she had worker’s comp claim and then to file a third party claim she must prove some negligence on you. No disrespect, but how could you be negligent being paralyzed. Also, if she did recover anything from your homeowners’ insurance, then her workers’ comp. carrier would have a subrogation claim against any recovery.
If all you say is true then please provide the NAME OF PLAINTIFF, CAUSE NUMBER, STATE AND DISTRICT WHERE IT IS FILED, AND BOTH ATTORNEY REPRESENTING PLAINTIFF AND YOU VIA YOUR HOMEOWNER’S INSURANCE.
Hugh said on December 21, 2010 at 10:47 pm #
If we would just pass laws making the parties responsible for bringing a frivolous lawsuit liable for all the costs of the lawsuit, we would be one step closer to a prior time in this country where people assumed responsibility for their actions. It was a good time to remember when lawyers actually tried to resolve differences.
Mark said on March 24, 2011 at 5:14 pm #
If people can sue and win six million dollars for spilling hot coffee on themself, why do you find this so hard to believe? A new activity for tourists visiting from overseas is take photos of the absurd warning labels. The USA legal profession makes me ashamed to be an American
Geoff said on November 28, 2011 at 5:27 pm #
This is one among the many and I do believe you unlike one of the other who commented. Lawsuits are a form of entitlement to the morally chalanged.
I know of a woman who deliberatley stepped into oncomming traffic and suffered severe injuries yet wanted to sue the driver who hit her. We found out the woman was under the care of a psychiatrist and medications.
Alex said on September 2, 2012 at 1:48 am #
I’m no attorney, but this doesn’t seem so unbelievable to me. You can sue anyone for anything — but it doesn’t necessarily mean you’ll win.
jeff said on September 20, 2012 at 11:17 pm #
Just want to say thank you for running this website and commercials. While the average trial attorney thinks they “are the law”. If we the people ban together we can reform frivolous ligation (according to the states map the problem is only getting worse year by year). I believe the legal climate is so toxic in the United States that it is really hampering the recovery and especially small business who can’t afford a lawyer (not to mention the innocent in this case). This affects our economic recovery to the core. We are making cuts every where else but lawyers get a pass? All I’ve seen is an increase in the intensity and frequency of these so called settlement commercials. It’s like they are fishing even harder creating even more hardship.
I’ve gotten two class action settlements this year. One for a whopping 37 cents. 37 cents! What does this accomplish? The lawyers got paid 3 million for the settlement.
Just thinking out loud. I would like to know how many of these settlements (the wide majority) under $20 were actually cashed. This should be used as a metric to assess the need/performance of such a lawsuit. Just like someone who actually makes an honest living.
The most basic principal is lawyers would simply not exist if their weren’t entrepreneurs to actually make the money. So respect, don’t hate.
Beth said on January 5, 2013 at 5:25 pm #
This highlights the need to review the contracts with parties you contract with very carefully. Using an indemnity agreement, you always want to make sure that a contractor’s employees (in this case the agency) cannot sue the hiring party for injuries sustained in the process of providing contracted services (i.e., the claim is turned back to the contractor’s Employer’s Liability insurance). Unfortunately, individuals may not have the leverage to do this.