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

 

[Baby Gorilla]

Whew....

That's something I worry about myself.

Get a good lawyer, most of it's been covered here, but discuss what the injury COST you as a bodybuilder. To get to where you were cost a lot of time, effort, supplments, and "supplements."

How far behind does this injury put you in your goals? How much of a loss on your "investment" into yourself is it going to cost you?

These are intangible, but a price tag can be put on them. They take their victims as they find them. If you put a scar on the face of a model, it costs more than putting a scar on the face of an average housewife.

Just something to consider.

 

[thefantom1]

A friend of mine tore his ACL at work....... got about 35 grand...minus attorney fee's..........

 

[3Vandoo]

My dad fucked his back at work, went to its heart, and he die because of it and what het got? A kick in the arse

 

[solidspine]

The hospital's bills (1 day stay)

The hospital's bills (1 day stay)

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



Actually these cost above are at least 5 times that, rehab on one torn ACL/PCL will be over one year, surgeons fees and doctor bills will be $20,000,

Real cost is down time from training and try and put a number on that, but if you are serious BB than you have plenty of doucumentation and witnesses that will support your testiomny.


good luck, I hate getting hurt, and hate litigation more, good luck again

 

[strong island]

What the fuck are you guys talking about???

You aren't just going to sue to cover expenses...You have to get something for pain and suffering.

You are going to have to get CUT OPEN. And then you'll have to fucking rehab the knee for months. It might be well over a year before you are 100%.

This is why you need a good lawyer. He will know what to ask for and what to expect. This will not go to court.

Get a Lawyer ASAP!!!

 

[strong island]

Last year Lowe's had $23,300,000,000 in Revenue

and $2,540,000,000 in EBITDA. Now they have costs of over 20 BILLION...I think you deserve $50,000-100,000 for your troubles


And make sure you raise hell about that manger...they will definately fire his ass.

 

[Latamier]

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.

 

[BBBodie]

Lat,

Let a good injury trial lawyer make your world go round. He'll know what to go for (I'd start at 500,000 unless you're a semi-pro athlete or can document that aspiration, then it's lost wages based on recruiters comments (i.e. we were going to recruit, but.....)).

What do you call 1000 attorney at the bottom of the sea?
A good start.

What's the difference between a Catfish and an attorney?
One's a bottom sucking, refuse eating, slimey, trash animal and the other's a fish.

 

[musclebones]

two words

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.

milk it

 

[Latamier]

Thats some good advice muscle bones, you guys are starting to talk me into this, especially when rehab will take so long, at least I can afford to buy some cool shit to keep me occupied.

 

[strong island]

I think you "deserve" 50k but I really don't have a clue on how much you could get. Might be alot less...or more

Good luck bro.

 

[Latamier]

I have made up my mind and will be talking to an attorney tomorrow. Wish me luck.

 

[hitmansb]

Wishing you a ton of luck bro....may all your champagne wishes and caviar dreams come true!

 

[Everlast]

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.

 

[SofaGeorge]

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.

 

[Billdoe]

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!

 

[Unity66]

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

 

[haxedout]

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....

 

[BigButt]

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

 

[Latamier]

Thanks for all the advice and concern guys, I will keep you all posted.

 

[argent]

I think you should sue them bro. They should be responsible for maintaining an environment that should not allow avoidable injury.