Suing the sick

[Gob]

"suing him for thousands of pounds in damages."

Vs.

"Twisted ankle"

[Sue U]

The house is worth more than a half million dollars, no? A property owner IS liable for damages to an invited guest caused by a dangerous situation created on their property through negligence. That is long-established law, here and there.

The house is worth 575k GBP, which translates to more than 890k in USD. This is hardly some poor widow in a shack with no resources.

Wouldn't she be covered by Worker's Compensation, or the equivalent? She's a District Nurse, so she was (I'm guessing) on the job when she was injured.

Maybe, maybe not. Different workers comp schemes have different rules for whether an accident is covered when "going and coming" to the job site. And if the nurse is an "independent contractor" there may not be any workers comp coverage for her at all. In any event, workers comp is not designed to provide full and fair compensation for losses; it is intended to provide prompt and certain (but not complete) compensation, and usually only for medical expense, not consequential damages or pain, suffering and disability.

Edited to fix spelling -- dropped letters in particular, if there were any question

[Sue U]

"suing him for thousands of pounds in damages."

Vs.

"Twisted ankle"

You (and the sensationalist press) are the ones characterizing it as merely a "twisted ankle." I noted the story also said she suffered "ligament damage." Do you know what ligament and what damage? Do you know if she required surgery? Do you know whether she has been permanently disabled? Do you know what other losses she suffered due to her injury?

No, you don't.

[oldr_n_wsr]

Bottom line, shit happens, be adequately insured.

[Sue U]

Well the Daily Mail actually had the decency to mention (buried at the bottom of the article) that the nurse in question "has sustained severe ligament damage to her ankle and foot that is currently causing her severe pain, has led her to wearing an aircast boot, the use of crutches and a course of physiotherapy" and that she has been out of work for six months as a result of the accident.

Simple twist of the ankle, that.

[BoSoxGal]

BSG, I agree with most of your post above, esp, the bit about "reasonable and in line with actual injury".

However the sort of ambulance chasers this woman has contracted are not really interested in that sort of claim are they?

Do you know something about the law firm representing this woman other than what is indicated in the article you've posted?

All that I find for information is that she's being represented by a 'no win, no fee' arrangement - contingency fee, which is the standard in personal injury representation here in the US. Understand that this type of arrangement means the attorneys take on a big risk - so if they put lots of time into pursuing a baseless claim, they'd lose lots of income. Which is why baseless claims are not, in fact, the norm in PI law. As Sue U indicates from her own practice experience.

Unless your comment is intended as an insult to any lawyers who do such work, merely for doing it.

My response to which is, in my years on the planet as both a lay person and as an attorney, I've found that the attitude towards lawyers is very much dependent on one's own need for one. Most people who decry attorneys and the work they do, want a damned good one when it's their ass (or injury) at stake.

[Joe Guy]

In my thought procession it is frightfully obvious that the injured nurse is being rightfully criticized for complaining about an injury and shamelessly looking for some type of income to offset her injury.

In other words,the woman is bleating a dead source.

[Gob]

Ok, in the UK she would have been covered by her employer, as she is a district nurse she would be covered by the NHS (Stockport Primary Care Trust,) to a degree that most Americans would envy. This is not the USA remember?

She would have also got free treatment on the NHS. This is not the USA remember?

She would have had compulsory sick pay for the duration of her time off work. This is not the USA remember?

"No win, no fee" lawyer = Ambulance chasers.



This is the house, it's neither a death trap nor mansion.

[Scooter]

Will NHS cover all her medical treatment? She would have ZERO out of pocket expenses?

Scik pay would replace 100% of her pay indefinitely? She would suffer ZERO income loss?

And she should have to endure pain and suffering without compensation caused by someone else's negligence (assuming such can be proven) why, exactly? Just because the guy died?

A shame the ramp in question appears to have been removed before the picture was taken. Something to hide?

[Gob]

Will NHS cover all her medical treatment? She would have ZERO out of pocket expenses?

Yes.

Sick pay would replace 100% of her pay indefinitely? She would suffer ZERO income loss?

Not indefinitely, twisted ankles aren't a life long injury, if she's been off for six months (swinging it by the sounds of things) yes, she would have been on sick pay for that time.

And she should have to endure pain and suffering without compensation caused by someone else's negligence (assuming such can be proven) why, exactly? Just because the guy died?

Fucking hoo hoo. People who trip and fall used to say " Oh bugger, silly me" and get on with life . Now, thanks to the ambulance chasing industry, everyone's a victim who needs compensation for the distress. Some of us don't want our countries to end up like the USA where suing is the main sport.

This is not something which should be encouraged, it means more cost, more public money going down the drain, it puts people off doing charitable work, it lines the pockets of unproductive lawyers, it encourages charlatans.

A shame the ramp in question appears to have been removed before the picture was taken. Something to hide?

Or maybe it was around the back. Or maybe the photo was taken before the ramp was erected, or maybe they don't need the ramp since the old man snuffed it. Even if it was removed, check out the front step, now much of a fall would that entail.

I hope the bitch gets gangrene and has her ankle amputated.

[Lord Jim]

I can guarantee you that there would be no legal claim made here if it were not a serious injury.

Quite right.

That's why, as we all know, in the whole history of Anglo-American jurisprudence there has never been a legal claim made for injury that was false, inflated, or in anyway anything other than fully justified, legally and morally...

Claims are never made simply because the lawyer for the claimant knows the potential payer will settle rather than incur the cost of a trial. That simply never happens. When cases do go to trial, the claimant always wins because the claims are always fair and just.

The personal injury lawyer...society's most noble breed...salute them as they pass....

Now if you'll excuse me, I have to go chop up some more crack.....

[Joe Guy]

I can guarantee you that there would be no legal claim made here if it were not a serious injury.

I wish that all quotes would cite the author.

It took me a long time to find that SueU was the one who wrote that.

And it will take me a long time to get over the fact that the guarantee she offered has absolutely no value.

Did you actually mean to say that, SueU?

Or was that an unedited blot of mustard?

An undigested bit of beef?

[Gob]

Aegis Legal is a specialist law firm dedicated entirely to pursuing injury claims for the innocent victims of accidents.

We offer a professional, dedicated service, with sympathetic staff who will help guide you through your claim. Our legal team are highly trained and accredited personal injury specialists, offering expert legal advice.

Here at Aegis Legal, we ensure that our clients are kept regularly informed with the progress of their case, and offer straightforward advice in plain English.

We aim to maximize the amount of compensation that you receive, ensuring that you get proper compensation for your injuries.

Based in Altrincham, Cheshire, we serve clients throughout the country with our use of state of the art technology.

Here at Aegis Legal, we specialise in the following areas:-
Accidents at Work
Road Traffic Accidents
Slips and Trips
Industrial Diseases and Illnesses
Fatal Accidents
Holiday/Overseas Accidents
Assaults and other Criminal Injuries
Injuries caused by animals
Defective products

http://www.aegislegal.co.uk/

[Scooter]

Will NHS cover all her medical treatment? She would have ZERO out of pocket expenses?

Yes.

Well, I know for a fact that there is a deductible/copay on drugs. So on that point alone, your answer is incorrect, aside from what other deductibles/copays/coverage limits might exist.

Sick pay would replace 100% of her pay indefinitely? She would suffer ZERO income loss?

Not indefinitely, twisted ankles aren't a life long injury, if she's been off for six months (swinging it by the sounds of things) yes, she would have been on sick pay for that time.

You have evaded the question. How long would she be given full pay while on sick leave before starting to lose income? If her plan looks like the one in this case, she has already been cut back to half pay, having been off work for six months.

And she should have to endure pain and suffering without compensation caused by someone else's negligence (assuming such can be proven) why, exactly? Just because the guy died?

Fucking hoo hoo. People who trip and fall used to say " Oh bugger, silly me" and get on with life.

With torn ligaments? Yeah, sure thing.

This is not something which should be encouraged, it means more cost, more public money going down the drain,...

How does public money go down the drain? To the contrary, in this case, if the homeowner is found negligent, both the nurse's employer and the NHS (public money in both cases) will have cause of action to recover their outlays for medical costs, sick pay, etc. That would be a savings to the public purse.

it puts people off doing charitable work...

Ummm, I'm sorry, but if I am a volunteer for a charity providing services in clients homes, I fail to see how I would be "put off" by knowing that, if I am injured through the homeowner's negligence, that I would have the ability to recover my damages.

it lines the pockets of unproductive lawyers...

As Sue and bsg have already said, if they are taking the case on contingency, they will not be paid unless they can prove their case in court. How does that reward "unproductive lawyers"? It would seem to be a pretty strong incentive to take only those cases which have merit.

it encourages charlatans

See above.

A shame the ramp in question appears to have been removed before the picture was taken. Something to hide?

Or maybe it was around the back. Or maybe the photo was taken before the ramp was erected, or maybe they don't need the ramp since the old man snuffed it. Even if it was removed, check out the front step, now much of a fall would that entail.

Since the grieving widow decided to argue her case in the press, it would seem she would be anxious to show them the ramp to demonstrate how well constructed and safe it was, if indeed that were the case.

And who cares how high it was? Her injuries are what they are. If they were caused by a poorly constructed/placed ramp, she deserves to be compensated based on what those injuries are and what they have cost her.

[Gob]

Proof of copays?

All NHS prescriptions are charged at a flat rate.

Off for six months with a twisted ankle, swinging it, probably on the advice of her legal parasites.

Public money goes down the drain when parasite lawyers take up "trip cases" against local authorities, etc. people are put off charitable work by the extra costs of public liability insurance to protect themselves against "trip cases".

What do these lawyers produce? Apart from lining their pockets? Any charlatan can now take a "trip" an guarantee lawyers will take the case, it encourages them to make the "trips" happen.

[Scooter]

Proof of copays?

I'm asking you. You're the one who incorrectly stated she would have zero medical expenses.

All NHS prescriptions are charged at a flat rate.

Which means her medical expenses would not be zero, as you previously stated.

Off for six months with a twisted ankle, swinging it, probably on the advice of her legal parasites.

So her doctors who said she had torn ligaments and put her leg in a cast are also participating in a fraud?

Public money goes down the drain when parasite lawyers take up "trip cases" against local authorities, etc. people are put off charitable work by the extra costs of public liability insurance to protect themselves against "trip cases".

Oh, I see, so you are manking comments that have nothing to do with the type of case at issue here.

What do these lawyers produce? Apart from lining their pockets?

Ensuring that the costs associated for negligence fall on the person causing them and not on the victim.

[BoSoxGal]

Food for thought re: America's litigiousness:

http://judiciary.house.gov/legacy/eisenberg062204.pdf

I think your attitude toward personal injury attorneys, Gob, is short-sighted and overly biased.

[BoSoxGal]

And for the record, you may recall that a few years ago while living in MA, I was injured by stepping into a 'blind' pothole on the city street where I lived - a pothole that had been several times reported for repair by residents of the neighborhood. I was able to negotiate a settlement at the city's liability limits (set punitively low, by MA statute) with Sue's generous advice on how to proceed in that regard.

I broke an ankle, and spent three months in a boot - followed by another year of at times excruciating, always significant pain from achilles tendonitis and plantar fasciitis that developed as a consequence (common, according to my orthopedic surgeon) of the healing time in the boot following the break. I now have arthritis in that ankle for the rest of my life, which given my residence in the dry high desert is, thankfully, not as bad as it would otherwise be. I incurred significant medical costs and other costs associated with the injury/healing - all of this was due to negligent upkeep of the roadway. I believe it was entirely appropriate that I file a claim and be compensated for my injury.

I recall being attacked pretty soundly by Steve when I discussed it on the board. I was asking for something for nothing, he said. Something for nothing?!?! That is not how I would describe suffering through all the fallout and pain from an injury caused by someone else's negligence.

[Scooter]

What? You mean you didn't just say "bugger, silly me" and get on with your life?

[Gob]

Big difference between breaking an ankle and ligament damage.

Scoot, you brought up "copays" we do not have "copays" in the UK.

Did it never occur to you that she may be faking ongoing pain as her lawyers are trying to, as they claim; "We aim to maximize the amount of compensation that you receive, ensuring that you get proper compensation for your injuries."

My comments about the UK should not be going down the litigious road of the USA were of a general nature, yes.