My 14 yo daughter, slipped and fell in a parking lot (grassy knoll) of a (well know national chain fast food restaurant), broke two bones in her ankle, had emergency surgery, has a plate with 5 screws on one bone and 2 screws on the other bone. Long term prognosis is unclear, but I'm wanting to get an idea of what would be fair, not including medical costs, for her to get for (so called) pain and suffering.  I am using my Pre-Paid Legal services, and I haven't talked to McDonalds yet, but their copability is unquestioned.  They will be paying, I'm just wondering what you think I should expect as her pain-and-suffering would be.  Just curious.
120044
My mom slipped and fell at a college campus about 12 years ago.  She fell on a patch of ice on the sidewalk, though.  She also broke her ankle and required the same surgery.  It took a couple of years to get the college to pay for damages, but my mom won $167,000 (after lawyer costs).  The college also paid for medical bills.  The plate and screws were taken out of her ankle, after I think a year.  She has some problems with running and jumping because they are both hard on the ankle, but since your daughter is young there is a good chance that there won't be any long term problems.  Good Luck.
432689
I wouldn't worry too much about it, maybe request to have a copy of what her injuries were and maybe consult some professionals about the likely hood those injuries occured as a result of your crash.  Shes probably trying to milk you for money now and the injury is probably superficial or non existant.  Check for a statute of limitations , or lawyer up.
292734
I think you first must try to resolve the matter directly with the restaurant before you can pursue suing them.  Most businesses would be responsive and would pay your medical bills, maybe a little more.  But in order to sue, your injury must have been significant, or no lawyer would take the case on a contingency basis (for about 1/3 of your award.)  If you sued via paying the lawyer an hourly rate, you would be chancing losing that amount of money.
247944
Thats a decision to be made with your lawyer. Usually, its how much you feel you should get to cover damages (to the car, and of course, yourself/medical bills) as well as the time away from your child, if you fell you can place a price on that. Your accident lawyer should help you set reasonable goals.
242541
STOP! before retaining an attorney $$$, consider contacting the business and informing them of the incident and request the name of their ins. provider. Often they make reasonable offers. (in this case doc bill plus $1000)\n\nOnly if they refuse and your injuries/damages exceed your states max. small claims award by $1000 should you even consider discussing the matter with an attorney. \n\nUnless you were injured and treated professionally (have a bill) your case is weak. Damages for pain and suffering with this type of occurance will be aprox. $1000 unless you can prove the incident was the result of negligence or malice. \n\nIf you hire an attorney it is likely there won't be enough money left to pay the bill for your care.
192626
I am sorry to hear about your son's situation.  You definitely need to consult with a malpractice attorney.  However, there is plenty of time for that.  Right now, it may be best to focus your time and energy (and love) on helping your son to heal and recover.\n\nBest wishes and good luck!
243119
If there's any question about how badly hurt the\nemployee is, then call for medical advice.  It's\nthe right thing to do from both a moral perspective\n(ie. you don't want to permanently damage someone\nby moving them if they have a spinal injury) as\nwell as from a legal perspective (ie. you don't\nwant to end up with a lawsuit).  \n\nIt's my opinion that if someone doesn't immediately\njust "get back up" on their own, then they *ought*\nto be checked out by a doctor (because the injury\nis obviously more serious than just a normal trip-and-fall).
574425
If it was on your property then you are. If it was on a neighbor's property and it hit your daughter while she was on your property, then your neighbor MIGHT be responsible. If you are looking to sue, don't. The government doesn't need more lawsuites that really arn't worth it. It was only minor brusies after all. Sorry for your daughter.
611438
I will keep you and your family in my prayers. Any time one has a major surgery there is a chance of not making it through the surgery My mom,in 2003 went to her doctor(regular visit) and he sent her to the hospital they ran the usual tests and told her they would not release her,that she had no choice but to have a quadruple by-pass.So she did,she came through the surgery fine. It took a few months for her to regain her strength,she never seemed to recover from a deep depression.18 months later she died peacefully in her sleep.What concerns me,the quadruple was a fairly new venture in heart surgery at the time.Within 6 months of her surgery,her boyfriend was told he needed the same surgery.and one month later mom's younger brother was told he needed a quadruple by pass.at the same time  a friend of mine had the surgery then the doctor tells his wife she needed the same surgery a month or so later another friend of mine had to have the same surgery!These people live in different states But...they were all on social security and medicaid or medicare.There may not be any connection or anything.But it just strikes me as odd that all these people I know had to have the same surgery.I have even wondered"were these doctors using these people as guinea pigs for practice? My Mom was 70 when she died.There's no doubt that many people need this type surgery.Maybe I am just being paranoid!I guess I am still very upset at the fact the doctor said the surgery would add 10 to 15 years to her life.Her death was totally unexpected.She was not complaining of pain or feeling sick or anything. I pray your Grandpa will have a good out come on his surgery!
670741
Get A Lawyer.NOW!!!!!! Trust me Ive been there.I was in an accident over a year ago,basically lost everything,am still in pain and the doctors will just drive you insane if you dont keep them under control.Get second opinions,document everything.Trust No one not even your insurance provider.Your pain could definitely be with you the rest of your life no matter what is done.Use caution.
101848
Ha Ha Ha, there isn't any Workman's comp. I was hurt for over a year, and I filed for Workman's comp because you have that right to, but they wouldn't pay for anything. The Deal is now since the president made the new you can't sue any one law. This was at the top of the list. The provisions only protect the companies from you the employee from suing them. You would only receive 2/3 of your original wages anyway. You will have to get a lawyer to pursue it, and they are going to take part of the recovery. This was the plan to keep people from filing. You would end up with nothing in the end, and most likely sued by someone over medical bills. I had to go on Medicaid to be able to seek medical help for my injuries, and not be sued by the hospitals and doctors. Crazy "HUH", I still haven't gotten anything from Workman's comp today. It has been almost 2 years.
347247
Think about it.  They drilled out the screws that were in your bones.  Of COURSE it's going to hurt like h*** for a few days.  I had the plates and screws taken out of my ankle a few years back.  I was much better about 4 days later.  \n\nKeep it elevated, take your pain meds when you are supposed to for the first couple of days.  If it says "every 4-6 hours" take it every four.  Once the pain gets out of control, it's much harder to get it back down again.  Trust me on this.
332550
Kerrie-\n\nWow, that's a big question.  First of all I'm a parent, not a neurosurgeon so don't take this as gospel.  My daughter is almost five and has spina bifida, hydrocephalus and Chiari-2 malformation.  She also has a g-tube (more on that later) but has not suffered from seizures.  She has had the Chiari surgery (it's called decompression) at a very young age-about 13 mos-because her Chiari is pretty pronounced and prior to the surgery she would quickly become sympomatic if her shunt failed (I think we're on about the 20th shunt!).  She was also de-tethered at the beginning of last year because of severe lower back pain.\n\nBasically Chiari means that the brain is shifted down and back in the skull.  This forces the brain stem down into a sort of funnel where it connects to the spinal cord.  When pressure builds in the brain the stem is compressed and nerves are temporarily or permanently damaged.  Typically the nerves that are affected control upper neck and head stuff- breathing, swallowing, vocal cord mobility, etc.  My daughter's cords were paralyzed at 6 mos which caused stridor and aspiration of small amounts of food- hence the g-tube.  During the Chiari decompression surgery bone is removed from around the brain stem making more room for the stem- when the pressure increases there is less effect on the nerves in the stem because there is more room.\n\nTethered cord means that the cord is attached to either the spinal column or scar tissue (in the case of spina bifida).  As the person grows the cord is stretched instead of floating in the CSF in the column.  Stretching the cord usually causes a loss of mobility but can cause back pain.  Actually you are the first parent I've heard from whose child is experiencing pain like my daughter did- usually mobility is the issue.\n\nIs your son suffering from lower back pain?  I haven't heard of Chiari causing back pain but I'm a salesman, not a neurosurgeon.  What I have learned is that the brain and spinal cord are all floating in one interconnected and balanced system of fluid.  Pressure building in one part of the system can cause issues with other parts of the system.  Unfortunately I've also learned that neurosurgery is basically a science of highly educated opinions.  Only so much can show up on an MRI and there are no hard-and-fast rules.  Some kids can tolerate a lot of ventrical pressure and some can't.  Some kids have severe Chiari but are never decompressed because they never show any symptoms- basically their nervous systems can just deal with it.  Some kids lose mobility when their cords are tehtered and others are in pain... you get the point.  At the end of the day it comes down to how much you trust and respect the surgeon and what they are basing their actions on.\n\nI still haven't answered your question, have I?  If your son is experiencing back I would think it's probably caused by the tethered cord so it makes sense that the surgeon wants to do that first.  It really doesn't matter, anyway.  If the cord is tethered that has to be fixed whether it's the cause of the pain or not.  For my daughter the de-tethering was much more difficult to recover from than the decompression surgery but the surgeons were clear that because of the amount of scar tissue from her spina bifida repair that it was probably the most complicated one they had seen.  The decompression was much simlpler- surgery took a few hours and she was home in a week.  It took her a while to get full mobility back in her neck (the surgery is done at the base of the neck) but that was just from the surgical pain.  The Chiari symptoms eased almost instantly and the whole thing was behind us in a month or so.  De-tethering was a much longer procedure with 6+ weeks in the hospital but again her procedure was VERY complicated because of her unique circumstances.  The pain went away after the surgery healed and two months after surgery she wa
564949
THe owners of the park should be responsible for all medical costs incurred. If you want anything beyond that (which I think you're entitled to- imagining the emotional damage to your daughter now and repercussively in several years from now), you'll need an attorney, but most will offer first consultations for free, to determine if you have a case or not. Some will work on a contigency basis which means you don't pay them until your case is settled.
58445
Hello little brother stpolycarp77.. :)\n\nMy daughter Kira was in an auto accident on 9/9/04..her ex-husband died in the accident..so she was being charged with vehicular manslaughter..which could be a sentance of 7-15 years in prison..\n\nKira suffered a lacerated liver, which was healed in three days..8 broken ribs..a punctured lung..and a brain injury..\n\nShe had an evalution to see if she was competant to stand trial..the physcian told Kira's attorney that at this time she was not found competant to stand trial, but she may be having seizures that would impair her memory..that was two weeks ago..\n\nPraise the Lord..Glory be to God in the Highest..Alleluia..\n\nKira's lawyer called me today..she spoke with the Judge yesterday..and the Judge said that he agreed that Kira was incompetant to stand trial..but he did not agree that Kira was having seizures that was impairing her judgement..\n\nIn other words..he said Kira has suffered enough..and that the Judge was going to contact the prosecuting attorney to let him know that all charges should be dropped..My heart is so full of rejoicing right now..I can hardly contain it..\n\nWe serve a Loving and Faithful God..Kira accepted Jesus into her heart, in November 2004, she is a born again child of the Most High God..\n\nGreat question little brother.. :)\n\nI thank the Lord for your healing little sister..He is Faithful.. :)
247513
I had a similar experience about 2 years ago.  I fell and I thought I had a really bad sprain.  It was really swollen and I had bruises all the way up to my knee.  I had never broken anything before and I was pretty sure it wasn't broken.  I didn't hear anything snap and it hurt when I fell, but not too bad.  My mom, a nurse, came and looked at it and told me to keep it elevated.\n\nAbout a month later, I had an appointment with a Podiatrist for something totally unrelated.  When he saw how swollen and bruised I was after 4 weeks, he took an x-ray.  I had broken my leg and my ankle was broken in 3 places.  I was shocked - I always thought breaking a bone would be excruchiating pain!  I had to have surgery and they put a plate and some screws in there.  Now I'm back to normal, with a lovely scar to show for it.  No offense to my mom, but I'm thinking it's a good thing she is retired.\n\nIf after 6 weeks you are still swollen, there is definitely something wrong.  They've ruled out broken bones, but you'll have to wait for the MRI to find out what is really wrong.  Sure, you might need surgery, but it could be worse.  For example, did I mention the fact that I have MS, which affects my left leg and my breaks were in my right leg?  What this meant is that, because my left leg is not able to hold me up, crutches did no good.  I was basically living on my couch for 2 months.  \n\nGood luck with everything - I'm sure you'll be fine =)
651586
That's not a trick. It is saying, in plain English, that by signing that paper you agree that what they've paid you for the accident is all you and your child are going to get, and neither you nor she can go back and sue later for more money or to cover any more medical expenses or anything else.\n\nFYI - she will be able to sue for herself later after she's 18 - this quit-claim will probably not stand up if the reasons are good enough.