What do you guys and gals think? Legal issue

[klooney]

Can anyone post the video for me? I think it might change a few opinions on here...

[tvc184]

I personally wouldnt sue.

So your saying you have tried to pay and hire a lawyer and they all refuse your money? Craziest thing I've ever heard. I've never had one refuse my money.

It’s not crazy. Maybe 15 years ago my sister in law was in an accident. A drunk ran a stop sign, hit her and left the scene. DPS caught the guy a few minutes later a d arrested him.

Open and shut case.... but he contacted the biggest law firm in town with the slick tv commercials. They told him that he had no case.

My brother called me pretty upset. Since I am the cop in the family, I am supposed to know what to do about everything.... 🙂

I told him there was probably no issues with his case. He just called a law firm that has about 6 zeroes attached to the end of any potential suit. He was asking for a out $10,000 to fix his car and a trip to the ER for his wife. I referred him to a local attorney that we both sent to high school with. A few phone calls and about 3 weeks later he got a settlement check for about $14,000 from the guy’s insurance.

It might be difficult to find a lawyer to sue for $3,000 total when the lawyer is going to take his cut.

And....

My brother called the guy’s insurance and just wanted his bills paid. The guy’s insurance expired about 3 days after the hit and run. The insurance company said they were no longer liable. My brother would never have looked for a lawyer. I’ll bet they wished they would have paid my brother’s original offer.

But.... just because a lawyer doesn’t want to get tied up with a case with very little likelihood of a profit, it doesn’t always mean there is no case as my brother found out.

[Rakkasan2187]

Don’t sue anyone. Be grateful she has her fingertip and move forward. **** happens. As a contractor yourself I’m sure you wouldn’t want someone coming at you with a suit for something you did or didn’t do instead of talking to you first. I don’t know. To me people are so sue happy nowadays.

I agree with this. I put four kids through school and things happen. I guess i could have sued for my son slipping on a waxed floor and broke a couple of fingers but that's just the life. People want to sue everyone now a day's. No one is going to admit fault a make them self liable for anything.

[rtjh]

Now I know why my insurance is so high.

[Atfulldraw]

Don’t listen to all the negative Nancy responses.....people like to dogpile, even when they are on the wrong track.

The purpose of the closer is to protect the user of the door. It sounds like that didn’t work correctly for one reason or another.

The problem to me sounds like the amount is too small to get a lawyer to handle it, plus your health insurance may also be pursuing the GC for their losses, which could complicate the suit. I’d probably drop a small claims case on the GC, they (should) notify their general liability carrier, get the closer manufacturer involved, or get their lawyer pay the suit off to make it go away.

It’s tough to find a lawyer for “small” cases. We are currently suing blue cross over approximately 30k, and it was tough to find a lawyer at first to handle it for us. We finally found a good guy, but had to basically agree to pay for all the expenses if we didn’t recover the amount from blue cross.

[S-3 Ranch]

Can anyone post the video for me? I think it might change a few opinions on here...

Hopefully we can see it, but make a copy for the school and also demand a copy of the school security footage of that door or lobby
I don’t see any malicious intent on you needing to be completely compensated of the insurance deductible
And your health insurance company will probably be looking for some explanation if they had to pay the remainder of the emergency medical issues, and your daughter’s medical needs are hopefully over but if not best thing is that all parties are on the same page of awareness
Best wishes on a fair outcome and speedy recovery for your daughter ( be glad winter weather is over as finger tip injuries are more painful in cold weather)

[eaglegolfj]

I think that a "graphic photo" warning would've been nice. Jeez.

Do you not kill and gut animals jeeeeeez.

[Mexico]

I think that a "graphic photo" warning would've been nice. Jeez.

If that picture bothers you, you're probably on the wrong site. Or might possibly consider sitting under the porch as your fellow hunters take the field.

[Take Dead Aim]

I am on the fence. If I knew the school or contractor were knowingly negligent then I would sue. If the school or contractor had no idea the door was faulty then it is hard to prove they are liable. They could have installed and maintained the door closer properly. It could have failed the day of the incident and everyone was unaware. I'd have a hard time pinning it one them if that's the case.

[Shane]

Texas school districts are immune from just about all injury claims/lawsuits. That's likely why a lawyer won't take the case. There won't be any money in it, even if they were negligent.

[RLB]

Don’t sue anyone. Be grateful she has her fingertip and move forward. **** happens. As a contractor yourself I’m sure you wouldn’t want someone coming at you with a suit for something you did or didn’t do instead of talking to you first. I don’t know. To me people are so sue happy nowadays.

??? They have insurance for this very thing....or should. Why should he be out $3K+ for something they had ZERO control over. The law states a person has to prove negligence. If he can prove it, he has a case.....this is probably why the attorneys won’t look at it, because it’s hard to prove the negligence part and there’s no money in it. I would just go to the school and the contractor and show them what you’re out in medical bills and I bet they’d come to some type of restitution. If not, sue their butts....there are plenty young lawyers who’ll take this case. It’s good litigation practice.

[Burnadell]

Texas school districts are immune from just about all injury claims/lawsuits. That's likely why a lawyer won't take the case. There won't be any money in it, even if they were negligent.

Shane is correct. School districts in Texas enjoy sovereign immunity and can generally only be sued if the injury involves a vehicle.

[Slicefixer]

So eat $3000 of medical expenses over something that wasn’t my daughters fault...

Ok, maybe I’m the dumbarse in this situation

Don't know the town/district, but, many times local attorneys in smaller areas won't sue local school districts/hospitals, etc in the communities they reside in or in communities close by.....many reasons for this with covert retaliation by the entity/entities against them and their families, ostricization by the local community, etc being at the top of the list.

Btw, there are exceptions to the sovereign immunity of governmental entities, your case might well fit into one of them....

[be12hunt]

As a father I would be pretty ticked off. I don’t think I would try to sue the school though. I would tell them to adjust the door and to check all the other doors around the school.

[M16]

How many others kids got there fingers crushed in this door?