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

The same thing happened to my mother in law in Walmart and all she got was doctor bills plus half of the amount of the doctors bills. She talked to like a dozen attorneys and they all agreed that she should take that, and that it would not be worth their time in trying to get more because in cases like that you usually only get doctor bills plus half. But I would most def. talk to an attorney and get some kind of compensation for it.
 
Latamier said:
Damn, you guys are definately giving me some ideas that I have'nt thought of. I know it is going to be a pain in the ass as far as rehab goes, but if I can get 50 to $100,000 from them, just think of how much gear I can buy with that.

Latimer, I'm going to give it to you very straight. I've spent millions of dollars in legal fees on litigation. At best you are looking at getting your medical bills paid... if you should win. I say this as a big IF. The burden of proof is on YOU for any damages portion of a trial. Tearing your ACL is NOT a six figure pain and suffering judgement unless you are lucky enough to get a jury of retards. (Which is possible.)

Your biggest obstacles are:

1. Legal fees. You might be able to get a lawyer to take this case on contingency, but that is highly unlikely because this is not a big settlement case. If you do get it taken on contingency you are looking at 50% of any settlement going to your attorney. (Lowe's would not settle till day of court - which would put you in the 50% bracket.) Secondly it costs approximately $200,000 just to get a case to day of court and another $250,000 to try a case. The only thing that has a remote chance of throwing fear into Lowe's is the idea of having to pay YOUR LEGAL FEES should they lose. They aren't going to care squid about any judgement because you aren't really looking at one.

2. Your case is not a clear win... and this is what will keep a lawyer from taking it on contingency (that and the fact it is a low money case with difficult to prove damages.)

Your best bet is to hire an attorney to write a letter for you offering to settle the case immediately if Lowe's will agree to pay your medical bills. That is probably the best deal you will get.

but, all this said - talk to an attorney first. He may tell you I'm full of sh-t and that you have a great case.

The bottom line rule is TALK TO AN ATTORNEY.
 
SofaGeorge said:


Latimer, I'm going to give it to you very straight. I've spent millions of dollars in legal fees on litigation. At best you are looking at getting your medical bills paid... if you should win. I say this as a big IF. The burden of proof is on YOU for any damages portion of a trial. Tearing your ACL is NOT a six figure pain and suffering judgement unless you are lucky enough to get a jury of retards. (Which is possible.)

Your biggest obstacles are:

1. Legal fees. You might be able to get a lawyer to take this case on contingency, but that is highly unlikely because this is not a big settlement case. If you do get it taken on contingency you are looking at 50% of any settlement going to your attorney. (Lowe's would not settle till day of court - which would put you in the 50% bracket.) Secondly it costs approximately $200,000 just to get a case to day of court and another $250,000 to try a case. The only thing that has a remote chance of throwing fear into Lowe's is the idea of having to pay YOUR LEGAL FEES should they lose. They aren't going to care squid about any judgement because you aren't really looking at one.

2. Your case is not a clear win... and this is what will keep a lawyer from taking it on contingency (that and the fact it is a low money case with difficult to prove damages.)

Your best bet is to hire an attorney to write a letter for you offering to settle the case immediately if Lowe's will agree to pay your medical bills. That is probably the best deal you will get.

but, all this said - talk to an attorney first. He may tell you I'm full of sh-t and that you have a great case.

The bottom line rule is TALK TO AN ATTORNEY.

Not sure what you are basing some of your info on, but.....

1. You will have no problem finding a lawyer willing to take this case on contingency. Most lawyers receive 33.3333% of whatever is awarded, plus costs. Even the lawyers handling the mostly costly cases to take to trial (medical malpractice) only get about 40%, plus costs. I had a Civil suit that was dragged through the legal systems for 4 years and didn't incur near the costs that were cited above. In fact the defendants only incurred about $50,000 in legal cost through the entire process, and was using one of the most costly firms in my area.

2. Your case is very strong. You didn't just slip and injure your back or something similar where the diagnosis could be subjective. You have a clearly defined and serious injury that happened on Lowe's property, and you have a witness.

3. It would be ridiculous to offer to settle for medical costs. You have a good case. Lowe's would be responsible for all medical costs, plus any lost wages, any pain and suffering. This would be for your compensatory damages. The punitive damages (the amount of a judgement against a company to punish them for wrongful acts and prevent future occurrences) could be many times more then that.

Good luck and keep us posted!
 
listen to the fantom!!

i too tore my ACL recently and lost 70% of my medial meniscus in the process. without going into detail..........the institution is going to settle and my lawyer told me, ball-park figure that im looking at 30k on the low-end to upwards of 80k (2/3 of which is mine after attorney fees).

its been a long 3months since my surgery......but the strength is coming back, although i wont attempt to squat except my bodyweight. it sucks and is a life-long injury.....

get a good attorney and remember that you have the final say in regards as to what you will accept as a settlement........

hope you have a speedy recovery and oh yea!!........nandrolone and/or ox and a bit of test really helps to expediate recovery!!

Unity66
 
Latamier said:
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.

i blew my knee out in september playing football.. had surgery in november.. had total ACL reconstruction, took out both meniscus, and i chipped my medial caundial bone.....this shit still hurts and is a bitch.. its always on my mine wen im doing something, u can just tell something aint right down there.. so sue the piss outa them brother....:mad: :)
 
Just had ACL reconstruction and Mincus repare on my left knee about 11 mounts ago.
Cost about $15,000.00 to $20,000.00 for everything.
It was done as an outpatient.
Know I have two screws in my leg that will always remind me not to mention that big scar and the pain after a leg day.
Get what you can that is why they have insurance.
But if it was your fault by any chance then you will have to live with that.
I missed working out about two weeks that was just upper body.
Legs took about 4 weeks out before I could start to work them light.
Also I was told not to do leg extensions anymore but I did not listen and some days I pay for it.
Good luck
 
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