Husband Injured On Flight!!

[annrae]

What a horrible experience this had to be for you and your DD! Last time we flew to Orlando I remember looking up and wondering if any of the carry-ons had ever fallen out of the compartments. I would definitely write a letter to SW and explain what happened (also documenting everything is very important) and I would put cc: Attorney General on it. Someone told me once that really works and gets everything moving quickly! Good Luck with everything and I hope your DH will recover well from this unfortunate accident.

 

[pooksma]

I just want you to know I feel very badly for you and your family and am sending as much pixie dust as this little guy can muster!

 

[CPer'sMom]

I'm amazed how many posters are expressing an opinion, on both sides, without any facts. This isn't a question like is Mission Space a good ride or is MYW Dining a good deal. Those are subjective questions.

Okay, I understand the point you are making. But if you feel that way, why are your comments/opinions any more pertinent to the OP than everyone else's opinions?
The OP asked for comments ~ other posters are merely offering that along with their sympathy.

 

[Lewisc]

Okay, I understand the point you are making. But if you feel that way, why are your comments/opinions any more pertinent to the OP than everyone else's opinions?
The OP asked for comments ~ other posters are merely offering that along with their sympathy.

Because my opinion is for OP to continue to seek legal advice to determine SWs possible legal liability as opposed to expressing a worthless opinion on the merits of such liability. Seeking professional advice is very pertinent advice.

OP already contacted an attorney and asked for no flames. She was really looking for sympathy and not looking for legal advice from members of Disboards.

 

[Christine]

Because my opinion is for OP to continue to seek legal advice to determine SWs possible legal liability as opposed to expressing a worthless opinion on the merits of such liability. Seeking professional advice is very pertinent advice.

OP already contacted an attorney and asked for no flames. She was really looking for sympathy and not looking for legal advice from members of Disboards.

I have not read this thread word for word, but I have read the posts for the most part. I don't see where anyone has told the OP they she should not continue to pursue this. All I see is some posters (myself included) pointing out that SW could be found NOT to be negligent. This is a scenario that she should prepare herself for. Nothing more, nothing less. I don't think she was flamed and everyone offered her sympathy, even the ones that feel that SW wasn't at fault. Differing opinions can be very helpful and eye-opening. They aren't always meant as insults/debates/flames.

 

[mickeyluv]

My family really appreciates everyone's sympathy, concerns, and comments (good and bad). I do realize that not everyone is going to feel the same as we do. I mean, no one really knows what someone has gone through unless they've experienced something like this. I do not think that there has been any flaming here, just different opinions and feelings on this matter. Never the less, we are seeking professional advice because we do not feel that we should have to pay this medical bill (and that is just our feelings on this matter). We are very appreciative of all of the assistance we received from the SW supervisor at MCO. We do understand that accidents happen, but we also feel that someone should be held liable whether it be SW or the passenger whose luggage fell. Maybe, with the help of a professional we can get the help we are looking for. Yes we do have personal health insurance, but we do not feel that this should be filed on our insurance with the possibility of our premium to increase as a result of this claim. I had thought about calling our insurance, but I decided to just wait and see what the attorney had to say regarding this. Thanks again for all the heartfelt concerns!!

 

[Goofydiane]

Are you a claims adjuster? I handle claims for commercial accounts, just like those named above for a very large company. I see these claims everyday and while negligence does have to be proven, I also feel there was negligence here. It is worth looking into, the man was obviously hurt pretty badly. I was making a general statement.
I don't know why so many people have to try to debate on these boards. So annoying!!!! Everyone's the expert!!! My bad...

Please note - I was commenting on the statement that if you slip/fall at Target or Walmart their insurance policy would cover it, which isn't 100% true as negligence needs to be involved.

I was not at all commenting on the unfortunate incident that Mickeyluv's husband suffered through. For Mickeyluv, something to look at was the size of the suitcase, if it appears to be larger than what the approved size, she and her husband do have a case against Southwest, as if they were enforcing the size rules, the bag wouldn't be on the plane in the first place.

Should Southwest pay the medical bills - yes, as an offer of good faith and as an apology to you and your family for everything you've gone through. Someone at Southwest should have gotten the information on the passenger and documented the incident.

 

[Lewisc]

Depending on what type of insurance you have you may need to file a claim within a limited time period, particularly if you're seeking network benefits at non-network facility due to an emergency.

You don't want to be in the situation of finding out SW doesn't have to pay and you waited too long to file a claim with your own health insurance.

Yes we do have personal health insurance, but we do not feel that this should be filed on our insurance with the possibility of our premium to increase as a result of this claim. I had thought about calling our insurance, but I decided to just wait and see what the attorney had to say regarding this. Thanks again for all the heartfelt concerns!!

 

[Acklander]

Depending on what type of insurance you have you may need to file a claim within a limited time period, particularly if you're seeking network benefits at non-network facility due to an emergency.

You don't want to be in the situation of finding out SW doesn't have to pay and you waited too long to file a claim with your own health insurance.

I agree with this - even if SW is liable it could take months before it's resolved and it would be a shame if you ended up having to pay out of pocket because you didn't file a claim in a timely manner. Don't worry about raising rates. It's not like car insurance, health insurance won't raise your premiums because of an accident. They usually raise rates on catagories as a whole. Example: They can decide to raise rates for all woman of child bearing age, not just raise the rates of Suzy who decided to have 12 children. If SW is found liable they will reimburse your insurance company.

 

[JerseyJanice]

My son broke his arm during gym class at school last year. We were told that because the accident occurred on school property, if we didn't have medical insurance of our own, the school's insurance would pay for his medical treatment. And we were also told that the school's insurance would pay any copays or deductibles, that nothing should come out of our pockets because he was covered by two insurance policies (the school's and our personal medical insurance).

So based on what I know from my own experience, I'd say liability is a non-issue here. If the accident happened on any of Southwest's property, its insurance bears responsiblity for your medical bills.

You don't need a lawyer unless you plan to sue. And then liability becomes an issue for a judge and/or jury to decide. It's a whole separate matter than just getting your medical bills paid.

If all you want is reimbursement for your out-of-pocket expenses, then you need to obtain a claim form from SW's risk management department. I'd contact SW and request one ASAP because you do have a time limit to file your claim (90 days, I believe).

So sorry that your vacation ended on such an unpleasant note. And to the lady who lost her husband (quite a few posts back), my condolences.

 

[Ducky4Disney]

Actually she said she was already consulting an attorney and specifically asked for no flames. I'd say that includes people suggesting she shouldn't be looking at SW's possible negligence.

No one has told her *not* to look into the legal ramifications of this, and if someone had - it wouldn't be flaming.

You expressed an opinion that SW wasn't negligent but you have absolutely no basis for that opinion. SW might and they might not.

That's why they're called opinions. Not right or wrong, just a personal view on a particular matter. The basis for that opinion came from the scenario given by the OP.

OP is asking for non-flaming advice. She is consulting an attorney. I guess your advice is to assume SW has no liability to canel her appoitment with the attorney?

See above comment; I never said that. I totally understand why she feels like they should not have to pay for it, I would say the same thing in her shoes. However, this may turn out to be one of those unfair situations where they will have to pay for it.

Airlines are allowing passengers to stow far more weight than the overhead bins are designed for.

Is that a fact or your opinion? Do you design airplanes and have specific knowledge of exactly how much weight the overhead bins can hold? Do you routinely weigh peoples bags as they board? That sounds like an opinion to me, but you expressed it as a statement of fact. What is your basis for making that claim?

I certainly don't know if OP has a claim that's valid but it's bad advice to assume they don't without a lot more research.

I don't even understand that statement. How is it bad advice for me think they may not be liable? I didn't tell her to stop her investigation.

NOTE TO OP:
Even an HMO, network only, plan generally has to provide in network benefits for coverage given by a non-network provider in an emergency situation. The previous posters are correct. They may well purse SW for reimbursement but at least the hospital bill will be taken care of.

This I agree with. Can health insurance premiums go up for making a claim? I guess it depends on who you have and how you recieve it (through work or whatever). If that were true, no one would go to the hospital.


Mickeyluv - I hope this gets settled in a timely manner and to your satisfaction. I also hope that DH doesn't have any lasting damage from this incident. Much love to you and your family!

D4D

 

[Maloy]

Mickeyluv- I am so very sorry for your families misfortune. Iam not posting
to offer any advice because I am not a lawyer. However I am posting to
thank you for sharing this story with us.
I am a Paramedic. I often run into situations like yours, where family
members are stranded. Part of patient care in my eyes is care of the patient
and the immediate family also. I am so very glad to see that other "brothers"
also feel the same way. The fact that they gave money to you is Outstanding!
When EMS makes it point to know where shelters are, and what can be done for stranded famliy members of an accident, this is above the call of
duty and the Paramedics deserve praise!!! I would like to use your story for
training purposes so others can see that the little things count.
Also- If you would like to praise the Paramedic who helped you further there is away to do so. If this sounds like something you want to do please send
me an email. troymaloy@verizon.net

 

[Lover_of_Disney]

I really do not see how the airline is at fault here. I do not see any negligence on behalf of the airline or crew. Providing the current state the industry is in, I think they were very accomodating to you. I'm very sorry that this happened on your vacation but these things happen! As a former flight attendant and wife of a pilot I wish I had not lost my job or that my husband didn't just take a huge pay cut while we are expecting twins but again......these things happen. The industry is struggling enough and my family and many others have suffered enough without frivalous lawsuits to deal with.

In any regard, I hope your husband is recovering well and that you were able to have some good memories from your vacation.

 

[Kallison]

I think the airline should be responsible and I don't think this is a frivolous lawsuit. I hope you get satisfaction.

 

[pixie08]

A similar incident happended to me(not on an airline)...

First you find a lawyer that does not require a flat fee but one that works on sort of commission ( they usually will get your bills paid plus $$$ and then take 1/3 of the $$$ sounds like a lot but if they do not win anything they do not get anything you do not owe a dime)

Second- the airline is liable..i am not a lawyer but I know if you are on someone's property or in a place of business they are liable for EVERYTHING even if it is in a clause blah blah legal mumbo jumbo in the end they are liable and have insurance that they pay a lot of money for that handles this sort of thing.

Next yes the airline is going to avoid you and give you the run around because :
A. they hope you are stupid and will fall for it or

B. they expect you to sue...which is exactly what you should do but you CANNOT waste anymore time.

Find a lawyer- they will usually take care of the rest. the will question you, then a deposition were the other attorney questions you and then the attorneys go to court (you do not even have to be there...or they settle out of court)

The way the airline treated you was not right...they should have at LEAST payed the hospital bill and not have been cheap. you seem like a nice lady and a nice family...it is not fair that big coporations would just get a way with out any accountability!
I send my prayer to you, your husband and family!

 

[CookieGVB]

Good luck with this - I think everyone here has pretty much covered all the bases.

I hope, when the dust settles, that you write a letter to the paramedic's supervisor commending him for going way above and beyond.

I hope all is well with your DH.

 

[Caradana]

So sorry this happened to you. I fly twice a week, on average, hundreds of flights in my life, and have never had an experience remotely like yours. I feel awful for you.

My one fear for you at this point is that the lawyer will cost you many times what the simple insurance copays will amount to. Southwest is a huge company and they will fight you tooth and nail rather than set precedent. I wasn't there and I can't say for sure if I think they were negligent or not, though I'm inclined to say no. To be honest, I wonder what kind of plane it was. Generally speaking, the angle of the overhead compartment is such that a falling object will drop directly into the aisle; they're designed that way, to prevent carnage if a plane hits turbulence, the overheads pop open, and items start falling. Was your husband in the aisle, or was he leaning over the arm of the seat at some kind of funny angle? If he got hit by a bag while seated, how did he fall to his knees? Does he have memory of this, or are you relying on the recollection of the 7YO? Because I'm struggling to visualize how this happened, I find it very difficult to say if SW might be negligent.

In any case, I'm assuming that with a history of spinal cysts and care by specialists, your family has decent medical coverage. I might pay the copay and let this one go. The indigestion, aggravation, and legal bills you might accrue in pursuing this one legally might add more stress to your family than the accident itself, and it sounds as though it's already been a difficult year. Wishing you guys all the best.

 

[mortimor]

All you have to do is contact YOUR insurance company and tell them what happened. They will decide if it will be covered or not. The insurance companies don't want to pay for anything they don't have to and have the best lawyers working for them.

 

[jeana]

Hello, I am so sorry that had to happen to you!!! Just wanted to let you know my experience--it's long, so I won't get into it, but if you even get your meds paid it will be nothing short of a miracle. Six years ago TODAY, I was on an American Airlines plane that crashed on landing in Little Rock, Arkansas. The pilot and ten passengers were killed. Well, after two years we settled out of court. Don't get me wrong, it was a rather large sum of money, BUT under the circumstances it was a slap in the face. I know more about the inner workings of airlines and their insurance companies than I ever would want to know, and they are out for blood!!!!!!!!!!!!! By the way, the cause of our crash was pilot error, and after they got backed in a corner they admitted guilt, and we still had to fight like heck---and believe it or not---they make you feel it is your fault. For what it would take to get anything out of them, you may be better off dropping it. Is this fair??? NO!!! But they almost ruined my life. I know the situations are different, but what it took for us to get anything considering the circumstances, I can't imagine them paying a doctor bill. But hey, you never know. But if it got ugly, I'd let it go---just for sanity!!!!!!!

 

[cabmom]

to you and your family! That's awful what you had to endure!

Marilynn