Am I in the Right About a Lawsuit?

Updated on October 03, 2007
T.B. asks from Benton, AR
8 answers

In January I fell at an area hospital. They had some big planters out front that had leaked water and the water froze in the drive-thru area where you pick up and drop off patients/visitors. Anyways I fell walking upto the hospital and broke all three bones in my ankle which called for immediate surgery and a 3 day hospital stay. I now have lost my job due to severe pain in that ankle and have been diagnosed with reflex sympathetic dystrophy in that ankle due to the break, also have developed shingles due to the surgery and the stress it has put on me. I have had severe depression not being able to care for my family due to loss of job. My question is.... Should I pursue the lawsuit or do I even have a chance in your opinion?

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So What Happened?

Unfortunatly enough I can not find a lawyer to go against this place! I hate this state!

More Answers

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R.N.

answers from Fort Smith on

Absolutely. Your in the right. Did they charge you for the surgery? They need to pay for their neglegence. Go for it. It will help your family finacialy. I had an episode at the dollar general store when i was 6 mos pregnant. It was raining and they didnt have wet floor signs up. I slipped and alost lost the baby. The sad thing is is that no one came to help me. I didnt file the law suit like i should have. They sent me a 10 gift card. Can u believe that. Please go for it, you deserve everything you get and they deserve everything they have coming. Which hospital was it?

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L.R.

answers from Shreveport on

T.,

I would definitely pursue this. Talk to a lawyer, most will consult the 1st time for free. See if you have a case, then go from there. But I would assume that if you fell & got injured on their property then they would have to pay. I mean, if someone gets hurt at my house, I am responsible...it's what I have homeowner's insurance for! It applies to public places as well, I would assume. My best friend has RSD from a car accident, so I know the pain & struggles you have ahead from that & I advise to get some sort of payment for future medical. She was rear-ended by a city truck & got a substantial ammount to pay for her future care b/c of the RSD. I know there are procedures & stuff that you will have to go through for years if not forever.

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K.S.

answers from Fayetteville on

I think we live in a society where there are too many frivilous lawsuits, BUT *this* would NOT be one of them! Yes, T., you have every right to a lawsuit. That was negligence on their part, and the quality of your life has been greatly altered. I would get a good lawyer. My guess is that the planters had been leaking for a while. They have maintenance that should be checking all walking areas, etc. if it is cold enough to freeze.

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N.C.

answers from Baton Rouge on

I think you have every right to sue. Someone at that hospital is responsible for making sure the walkways are safe for patients, doctors and visitors coming in and out of that hospital. I do feel that these days it seems like everyone is sueing everyone over nothing. In your case, you have every right too. The hospital will most likely have major insurance, even over instances like yours not related to negligence on a doctor's part and will probably want to settle out of court. This is usually cheaper for them as well as lessens the publicity on the accident. If so, make sure you and your husband are satisfied with the amount because remember, your lawyer will end up getting most of it!

Good luck!

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S.J.

answers from Little Rock on

I believe you are right about a lawsuit. It is the hospital's responsibility to make sure that it is safe .
you should sue so that way they can help you since you can not work any more. It was negligence on their part.

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J.M.

answers from Fort Smith on

Go for the lawsuit. You have every reason to, they should of been checking on these things especially if it is cold enough to freeze outside.

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C.C.

answers from Baton Rouge on

Sounds like you should talk to a lawyer as your damages seem pretty substantial and debilitating. If it happened in January of 2007, you only have 1 year to file a lawsuit, it that's what you choose to do. So January of 2008 is your cutoff.
Good luck.

C.W.

answers from New Orleans on

I would definitely pursue a lawsuit!

I don't know much about the law, but it happened on the hospital's property and that accident has put in physical, financial and emotional pain. You should be compensated in some way.

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