Need advice about DD's injury

[Cindyluwho]

Here's the story:
About the middle of August our DD 11 was playing at her friend's home. The mother, a licensed nurse, was home at the time. The kids were playing in the basement with a very large, oversized exercise ball. My DD stood on a piano bench and tried to jump onto the ball backward, her playmate had showed her how, the ball rolled out of the way and my DD fell approx 3-4 feet directly on her tailbone. It is severly dislocated/broken in two places and is extremely painful. We took her to our family Dr, who took X-rays then on to a specialist. After the accident our friends immediately called their homeowner's insurance company, which kinda surprised me, I was just going to turn it into our insurance. But now that it's over a month later and it's so painful, and I'm understanding that this can affect her for her whole life, I'm wondering.....should I sign the papers their insurance company is pushing at me? I'm not a "sue happy" person but I'm thinking I should call an attorney before I sign anything?

 

[Junebugwv]

Would not sign AND would not sue. Your medical insurance should cover her medical expenses incurred by the accident. I happen to have the opinion that insurance goes up for everyone when lawyers and court systems get involved in such matters. Just my opinion.

 

[WatchinCaptKangaroo]

I would contact a lawyer to see what those papers really are. Don't get pressured into suing (that's probably why they called their ins right away) or signing anything you're not comfortable with.

I must say it's very refreshing to see that there are people in this world who realize accidents happen and accidents don't always mean a lawsuit.

 

[Lisa loves Pooh]

accidents happen....but if the accident was so severe that we're talking lifelong treatment...those co-pays and deductibles add up.

I still get treatment for an injury sustained 15 years ago. I've paid out a lot of money. I chickened out of litigation b/c I'm the nice person. It isn't fun when I have to go get a medical massage or go get physical therapy to get it fixed repeatedly. Plus my PT on my medical is limited to 20 visits per year. So if my injury starts behaving badly--I am limited in what kind of treatment I can get.

An accident is an accident---and there is nothing wrong with filing a claim with their insurance to cover what your insurance may not cover. You wouln't be doing it wrongfully and you don't need to sue for it.

Sometimes being the nice guy has long term painful consequences...as my mother...and I have found out. (She has her own injury that she is now on disability for).

ETA: I would not sign any papers--until you have consulted an attorney. If anything--you don't want to fill them out the improper way--that would make it easier to deny your claim.

 

[golfgal]

I am sure the family is worried you will sue and those papers are so you don't. I guess in this case, I wouldn't even consider suing. It isn't like they were negligent and didn't fill a big hole in their lawn or the mom made her jump off the bench onto the ball.

If she is still having problems, I would go back to the dr or go to another dr that might have different treatment ideas. I wouldn't sign anything, though, either.

 

[SeaSpray]

A few years ago DS17 (age 13 at that time), broke his arm while riding a bike at a friend's house. Our medical insurance covered everything, so suing them never entered my mind. DS was riding their bike, which had no brakes, and their DS forgot to mention that fact to my DS.

The only difference in your case, is about future problems your DD might face. When I was a young teen I fractured my tailbone and it still bothers me to this day, 30 years later. It doesn't require medical attention, but causes me quite a bit of pain and discomfort, fairly regularly.

Not sure what you should do in this case. Maybe ask your DDs doctor if he foresees your DD having medical problems in the future from this, and see what he advises.

What exactly do those papers say that their insurance company is pushing at you??

Hope she's feeling better soon!

 

[AllyandJack]

You shouldn't assume your insurance will cover it. When they find out there could be another party "responsible", you might have to fight to get it covered.

If they think for a second that another insurance company (i.e. homeowners) would pay, they might not and then a whole new mess begins.

I've run into this a few times. DH slammed his finger in a car door and injured it pretty badly. When our health insurance company found out "an automobile was involved", they wouldn't pay the bills. We had to appeal it and fight - meanwhile, the hospital was sending us bills and demanding to be paid. Ideally, the medical insurance should pay and then go after the homeowner's insurance if they choose, but it doesn't always work that way.

I'd contact a lawyer....not to sue, but to find out what your options are with the homeowner's insurance in the event your medical insurance refuses to pay.

I hope your DD feels better soon.

 

[caitycaity]

Would not sign AND would not sue. Your medical insurance should cover her medical expenses incurred by the accident. I happen to have the opinion that insurance goes up for everyone when lawyers and court systems get involved in such matters. Just my opinion.

i AGREE!!!

fwiw, i have had my tailbone broken 3 times. if the only thing that is wrong is her tailbone, there is no treatment for it anyways. and eventhough it will probably bother her in some way for the rest of her life, it's not permanently disabling or anything. the only time mine bothers me is when i sit on a hard floor/seat. it's not something i think about that often, honestly.

 

[ducklite]

I would not sue. The mother certainly did nothing negligent--you're not talking two year olds that need to be watched so they don't climb and fall. Had your daughter fallen on loose carpet or something like that, then perhaps, but she really caused her own injury, and is old enough to "know better". (Please don't take that wrong, I'm not saying she did anything wrong, I probably would have done it to at that age. )

I would however speak to an attorney to make sure what you know what you are signing, and I'd also allow their homeowners to cover the medical bills. Because there was no negligence or attractive nuisance, I doubt their insurance will go up.

Anne

 

[PlaneJoy1]

I wouldn't sign! Most likely they are either trying to get you to sign a release of liability or limit of liability, neither of which would help you if your insurance will not cover some or all of you DD's treatment.

Your insurance may cover most, if not all, of what your DD needs. But if you get recommended a treatment that costs $$$$ and your insurance won't cover it, it's always good to have something to fall back on.

 

[ChrisnSteph]

I wouldn't sign papers, and I wouldn't sue. As for worrying about your insurance not covering it because of a third party being involved, I doubt they're going to ask: "Was she on your property, or someone elses? It's not like a car accident or work injury! And as someone said before, you can't really do much for a tailbone injury. I fell on mine in a dance class in high school, years ago. It still painful, especially when I sit and even when I do a lot of walking. It stinks, but all the doctor will do is prescribe ibuprofen, and if it gets really bad he said he can do cortisone shots, but I'll pass on that!!

I think the homeowners are worried that you will sue, and they are trying to protect themselves, but then again, I don't know what papers they're pushing in front of you.

 

[momof2inPA]

I agree with the others. I wouldn't sign and wouldn't sue. My husband broke his tailbone in college. It was tough to sit in his desk during classes for many weeks. Ouch. Hope your daughter feels better soon, and you might want to consider sending a pillow to school.

Ironically, my son and his friend were playing with exercise balls the last time they were at the friend's house, but they had fun and no one got hurt.

 

[floridafam]

I also wouldn't sign and wouldn't sue.

I don't think I have a problem with their homeowners picking up the tab for her care. It did happen at their house.

She could have problems with that area for a long time to come. I had a friend who broke her tail bone and she had real problems while she was in labor and delivering her child.

What do the papers say that they want you to sign?

I hope she is feeling better.

 

[georgina]

I wouldn't sign papers, and I wouldn't sue. As for worrying about your insurance not covering it because of a third party being involved, I doubt they're going to ask: "Was she on your property, or someone elses? It's not like a car accident or work injury!

Our HMO is always looking for someone else to pay. Anytime we have an injury, hospitalization, or unusual charge, I get 3 pages of questions to answer about where and how it happened. They are looking for someone else's insurance to pay.

This is also a good reminder to check your own homeowners insurance. We have an umbrella liability policy in case something happens on our property (or in a car accident) and someone sues us.

 

[ZachnElli]

Another, I wouldn't sign and I wouldn't sue. Please don't sue. I had one of my best friends sue one of my other best friends over an accident in high school. It was awful! It was an accident and it could have just as easily been the other girl who got injured, it was both their faults. It got so ugly, it still sad for me to think about right now over 15 years later. It really split all our friends apart taking sides.

 

[Independent]

I would definitely talk to an attorney. The money you spend on one now to see what your options are might save you thousands in the long run.

This is not saying you have to sue. Just have an attorney review the papers and give you professional advice.

I agree with the posters that say by signing, you might be limiting your own medical coverage. That is something you don't want to do. Insurance companies are very good at finding somebody else to blame.

And don't automatically assume that your insurance company won't ask for more details. Our insurance company (major provider) has a policy that any time a claim is made for something that resembles even the most minor of an accident, you get a questionnaire that asks for more details. Where did the injury occur, how did it occur, were others involved etc? They withhold payment until they receive the answers. And since a tailbone is hard to injure without some accidental behavior, this very well may be a red flag trigger to your insurance company.

If your insurance provider determines that another party is even partially liable, they may limit their coverage.

So, don't sign away any of your rights before you fully understand what you may be signing. The fact that the other insurance company is eager to get you to sign the papers would be a warning sign to me. They know they are partially liable and want to nip that in the bud - perhaps leaving you to cover their portion.

Again, you absolutely don't have to sue. But it would only be smart to fully understand the entire situation and what signing those papers could mean to you in the future. Go to a good insurance attorney and have him/her advise you. This isn't about being "nice" or "sue happy", it is about fully understanding your rights under the law. And only when you fully understand your rights, can you make an informed decision of whether you sign those papers or not. Too many "nice" people have been burned because they didn't understand their rights.

 

[Lisa loves Pooh]

Another, I wouldn't sign and I wouldn't sue. Please don't sue. I had one of my best friends sue one of my other best friends over an accident in high school. It was awful! It was an accident and it could have just as easily been the other girl who got injured, it was both their faults. It got so ugly, it still sad for me to think about right now over 15 years later. It really split all our friends apart taking sides.

I'm sorry about your friend.

The ambulance chasers nowadays make it very difficult. If you have legitimate reason to sue--people think it is over the top and unnecessary.

An accident is an accident---but the incident for the OP's daughter---where she was in someone else's home under their supervision...and a collision where you say both parties are at fault are two different things.

Yes it was an accident...and I'm not suggesting suing per se...but it was definitely on the liability of the homeowners...and it should be looked into if their coverage will cover anything.

 

[robinb]

Again, you absolutely don't have to sue. But it would only be smart to fully understand the entire situation and what signing those papers could mean to you in the future. Go to a good insurance attorney and have him/her advise you. This isn't about being "nice" or "sue happy", it is about fully understanding your rights under the law. And only when you fully understand your rights, can you make an informed decision of whether you sign those papers or not. Too many "nice" people have been burned because they didn't understand their rights.

ITA. You don't have to sue, but you also don't want to sign your rights away without knowing the full extent of your situation (which you may not know for years).

 

[RadioNate]

I wouldn't sign anything until you know exactly what you are signing. It doesn't mean you have to sue, but they probablly want you to sign away any rights you have to sue and absolve them of any liability and I just wouldn't do that.