Torn ACL/PCL, To sue or not to sue!

[Latamier]

Need some advice fellas. My MRI report came back yesterday with a torn ACL/PCL. What happened was this, I was carrying a 50lb bag of quick crete out of Lowes and slipped on some type of white powder all over the floor that spilled out of a bag on the shelf. The result was a torn up knee. Now my delema is, should I sue them or not. I know how serious this injury is and how long it is going to take to recover, so I am leaning more towards suing them. My other question is, what kind of prrice tag do you put on the ligaments in your knee? Can you guys give my some opinions? Thanks.

 

[Nathan]

Oh Lat, you must be the most inury-prone fella on the planet. I feel very badly that right after recuping from your shoulder injury this shit happens. I say sue them and sue them for 1 billion dollars. Well, a lot anyways. You're a BBer after all and an inured bodypart means far more to you than it does to most. Good luck to you and I'm sure you will win sick sacks of cash. E-mail me bro, haven't heard from ya in a while.

 

[drveejay11]

From what you described....you're talking in the neighborhoo of $7,000-$10,000 when it's all said and done:

The hospital's bills (1 day stay)
The surgeon's bills ($ 5-6,000 alone)
The meds
The Physical Rehabilitation (at LEAST 3 months!)

Sorry to hear the bad news----It's happened to me 3 times (3 ACL's) playing soccer!

 

[Hoss]

You HAVE to sue...you don't know how long you will be out for, if not forever (hope not)

 

[Latamier]

Good to hear from ya Nathan, I'll send you an email tonight. I'm not really sure what to do about my knee though. I mean it was my own clumsy fault for slipping and the manager there told me that if I had put it in a cart like most normal people this would not have happened. I felt like popping him in the fucking jaw. he was a scronny little asshole that had arms smaller than my calves.

 

[hitmansb]

I say sue. You shoulda been thinking quick, and got someone who was close by to take a look at the floor and confirm the presence of the spilled powder as soon as you fell. Then, got their name/address/phone....a concrete witness is golden in court. See if you can convince some kid that was working there to be witness for you(for a piece of the awarded damages pie).

Still, you have a chance at winning even without a witness...and even more likely, they may just offer you a nice settlement to keep it out of court and the press. I know Wal-mart is quick to settle to avoid bad publicity.

As far as an amount, go very high...since it is well-known that a torn ACL is one of the slowest-to heal and rehab injuries there are....and the rehab is painful as hell! It will be 9mos. before you can start working the leg, and most likely it will be 2yrs before your hurt leg looks anything like the good one from a BB perspective. Also, you may be limited in doing some lateral movements permanently. The rehab phase is really important, so the suit should cover extended physiotherapy and massage sessions. Make sure the suit is open-ended, meaning that you do not sign off on your right to sue again down the road should complications arise at a later date. Best of luck man....I hope you win a truckload of cash!

 

[strong island]

Sorry to hear about your knee.

Bro...you knee is priceless.

Lowe's is a multi billion dollar company with a SHITLOAD of insurance. They pay millions every year in claims...some of which are not their fault. Your accident was their fault. It part of business and they could care less.

Get a good lawyer and they will probably settle.

Do not feel guilty.

 

[Latamier]

Well my wife was there with me for a witness, and in the accident report I specifically put down that I slipped on some white powder on the floor and made sure that they gave me a copy of it before I left. I'm just not sure of what I should settle for if they do offer me a settlement out of court. Any other comments or ideas of what you think your knee would be worth?

 

[hitmansb]

You're going to have to do a little homework to come up with a number....but here are a few ideas on things to check.

1. Find out what Dr. James Andrews (Birmingham, Alabama) charges for the surgery, and treatment. Since you are a BB, lawyer can argue that you must have the very best treatment as an athlete, and Andrews is the recognized expert for treating athletes. Also find out what HealthSouth's hospital fees are for this.

2. Find out the transportation costs associated to get there and back, allowing for a travel companion to assist you (which will definately be necessary)

3. Figure out the income you're going to lose both during the recovery phase, and after (ie healthy but leg not in BB shape to earn money)

4. Figure out what the physical pain should be worth to you.

5. Figure out what the emotional damage to you is going to be (frustrations of rehab, lost quality of life, trauma of watching muscle you have worked so hard to build disappearing, ect.)

6. Price out what rehab is going to cost....and for a hell of a lot longer than three months!!! Think at least 6 as a minimum...and you may want to provide for additional massage sessions and TENS treatments afterwards.

7. If not being able to drive is going to cost you cabfares during your recovery, price that out.

Basically, don't be thinking in the tens of thousands....be thinking in the hundreds of thousands or even a million or so. Believe me....the company doesn't want this case to see a courtroom. Just look at how much money courts tend to hand out to accident victims when a big corporation is involved. Remember what that woman got for a little burned skin that SHE spilled on HERSELF from McDonald's? If she got that, then think about how much you should get for a torn ACL (worst injury a person can get just about) when the store is clearly negligent in their failure to keep the aisle free of slippery substances! Consult with a good lawyer...the good ones will always work for a percentage of settlement/award without any cost to you if they fail to win you money. Contact your state's bar association, ask around, ect. to find the best possible lawyer who specializes in this type of suit. You should make out like a bandit. Best of luck.

 

[Bam Bam]

I would say definately sue, especially since the smart ass manager opened his loud mouth. The store is responsible for shit like that. The manager should have been kissing your ass instead of trying to insult you. You can get alot more $ than $7000. Find a blood thirsty attorney and tell him how much pain you are in and how embarrased and traumatized you were. Also mention that you were totally humiliated by the store manager. Good Luck, BamBam